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    Sydney Alexander
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    Mary Smith is requesting rehabilitative alimony from her husband Tom Smith after 17 years of marriage. Mary has a Master's degree in Education but has been a stay-at-home mom for the past six years. To renew her teaching certification and become requalified to work in her field, Mary needs to go back to school and receive additional training. As the major breadwinner making $150,000 annually, Tom has the ability to pay rehabilitative alimony to support Mary while she updates her skills and credentials to become self-supporting again. Florida statute and case law provide that rehabilitative alimony's principal purpose is to allow the receiving spouse to become self-supporting by redeveloping previous skills or

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    Mary Smith is requesting rehabilitative alimony from her husband Tom Smith after 17 years of marriage. Mary has a Master's degree in Education but has been a stay-at-home mom for the past six years. To renew her teaching certification and become requalified to work in her field, Mary needs to go back to school and receive additional training. As the major breadwinner making $150,000 annually, Tom has the ability to pay rehabilitative alimony to support Mary while she updates her skills and credentials to become self-supporting again. Florida statute and case law provide that rehabilitative alimony's principal purpose is to allow the receiving spouse to become self-supporting by redeveloping previous skills or

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    Download as DOCX, PDF, TXT or read online from Scribd
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    160 views3 pages

    Memorandum of Law

    Uploaded by

    Sydney Alexander
    Mary Smith is requesting rehabilitative alimony from her husband Tom Smith after 17 years of marriage. Mary has a Master's degree in Education but has been a stay-at-home mom for the past six years. To renew her teaching certification and become requalified to work in her field, Mary needs to go back to school and receive additional training. As the major breadwinner making $150,000 annually, Tom has the ability to pay rehabilitative alimony to support Mary while she updates her skills and credentials to become self-supporting again. Florida statute and case law provide that rehabilitative alimony's principal purpose is to allow the receiving spouse to become self-supporting by redeveloping previous skills or

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

    Alexander 1

    IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MARY SMITH, Plantiff/Wife, -vsTOM SMITH Defendant/Husband ) ) ) ) ) CASE NO.: 11-DR-10101

    _______________________________/

    MEMORANDUM OF LAW IN SUPPORT OF PLANTIFFS REQUEST FOR REHABILLATATIVE ALIMONY Plaintiff Mary Smith submits this memorandum of law in support of plaintiffs request for rehabilitative alimony.

    QUESTIONS PRESENTED:

    1. Is Mary Smith eligible to receive rehabilitative alimony from defendant, Tom Smith?

    FACTS:

    After 17 years of marriage, Mary Smith and Tom Smith have decided to end their marriage after allegations of martial misconduct by Tom with the nanny. Tom is the one filing for divorce. Tom is a lawyer who makes roughly $150,000 per year. He works for an insurance company as an in-house legal counsel. Mary has her Masters in Education, but has been a stayat-home mom for the past six years. Together, Tom and Mary have two minor children Gabrielle, 3, and Nicholas, 11 and a family dog, Sky. They own a home that is worth $500,000 with a balance of on the mortgage of $145,000. Other assets that they couple have include: a beach condominium valued at $200,000, two cars, a Vespa, furniture in both homes, art work, savings of $100,000, Toms company pension of

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    $450,000, and stocks and bonds totaling at $50,000. The couple has an American Express card with a balance for $5,000 and Marys student loans with a balance of $22,000.

    ARGUMENT: According to Florida Statute 61.08 it states the following: (6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either: 1. The redevelopment of previous skills or credentials; or 2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. (b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony. (c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan. The Supreme Court case of Canakaris v. Canakaris established rehabilitative alimony as the principal purpose of rehabilitative alimony is to establish the capacity for self-support of the receiving spouse, either through the redevelopment of previous skills or provision of the training necessary to develop potential supportive skills. In this case the plaintiff, MARY SMITH, requests rehabilitative alimony because for the past six years she has been a stay at home mother. The facts of the case provide that Mary Smith does have a Masters degree in Education, but since it has been so long since she has been in the field her credentials are outdated. In order for Mary to get back in her field of education, she must go back to school and renew her certification to teach and get requalified. As a stay-at-home mom, Mary does not have an income. After a 17-year marriage, Mary is accustomed to a standard of living that should not be taken away from her. Mary deserves the right to receive an income while she is in the process of reeducating herself on skills and training to be proficient in her field in any of the changes and upgrades made throughout the past six years. In addition to Mary needing to go back to school to educate herself, she must then find a job. Mary will need additional time to look for a job. The plaintiff, TOM SMITH, has a significant income at $150,000 per year. To request rehabilitative alimony from Tom Smith is reasonable in order for Mary to eventually receive a

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    qualified education and no longer need financial assistance. The defendant should pay for her education and living expenses during her redevelopment of her skills.

    CONCLUSION:

    For the reasons set forth, plaintiff MARY SMITH requests this court to grant her request to receive rehabilitative alimony from defendant, TOM SMITH.

    Respectfully submitted, __________________________ Sydney Alexander, Esq. Florida Bar No. FL123456 JONES LAW FIRM 4658 North Orange Avenue Orlando Florida, 32301 Tel. (407)-868-8888 Fax (407)-858-8888

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