In short, the lawsuit was filed against the tech company for stealing the game idea. The game developer claims that they shared their idea with the company and then the company made a similar game without giving credit. The developer is seeking compensation for the theft. Jean is talking to her friend Joan about her financial struggles after her divorce. She’s worried about being able to afford her house and car, and is considering going back to work or getting more education. She’s also thinking about asking her ex-husband for more money. Joan recommends a lawyer who can help Jean with her case. Before meeting Jean, make sure to review all the documents related to her case. This includes anything filed with the court, agreements between the parties, and any correspondence or transcripts. It’s important to understand how Jean and her ex arrived at their lifestyle during the marriage and if the alimony she’s receiving is enough for her to have a stable financial life.
Ask Jean how she figured out her living expenses and if she had all the necessary documents to do so. Find out how she determined which assets and debts were marital or nonmarital, and how she valued them. It’s also important to know Jean’s education and work experience, and if these were considered when determining the alimony.
Lastly, check if the alimony amount meets Jean’s future financial needs, taking into account her age, health, education, and contributions to the marriage. If the final judgment or agreement doesn’t specifically say that the alimony should maintain the standard of living, it may be important if Jean wants to ask for an increase in the future. Before making any decisions, the client needs to fill out a new financial form and explain how their increased expenses affect their overall financial situation. Make sure to provide specific figures for why living expenses have gone up. Any changes in the client’s circumstances since the last alimony award need to be outlined. This includes any new healthcare expenses or if the client had to sell assets to maintain their lifestyle. It’s important to understand if the client wants to maintain their lifestyle from the marriage, and if so, why it’s not possible. These are all important things to consider when deciding whether to go to court. The attorney needs to tell Jean that she may not be able to support herself without alimony. The attorney also needs to figure out if Jean can prove that her ex-husband has more money now and can afford to pay more alimony. The attorney will also look into Florida law to see if Jean can get her alimony increased. If the person paying alimony gets a better job and can afford to pay more, they might have to pay more. But the person receiving alimony can only get more if they really need it, based on what they needed during the marriage. They can’t just ask for more because the paying person is making more money now. And if the person receiving alimony doesn’t try to get a job, the court might not give them more money. In simple terms, even after a divorce is final, a court can still look at whether the person receiving alimony payments can work and support themselves. This is because things can change, like the kids getting older and needing less support, or the job market getting better. The court can also consider if the person getting alimony has health problems or can’t find a job. This means that alimony might not last forever and could be changed based on these factors. If a person receiving alimony needs more money to fix their home or cover increased expenses, they can ask for their alimony to be modified. But they have to show that their needs have truly increased, not just that their standard of living is lower than during their marriage. They also can’t ask for more money just because of normal expenses or inflation. Only circumstances that have changed since the last alimony decision can be considered for a modification. If someone has to retire early because of health problems, that could be a good reason to ask for more alimony. And if someone has spent their share of the assets from the divorce, that could also be a good reason. But just because someone doesn’t win a modification now, doesn’t mean they can’t try again later if their situation changes. Before filing for an increase in alimony, consider the possible consequences and whether it’s worth it. Think about whether the obligor might retaliate, and if it’s better to try to reach a compromise first. Make sure that the increase is justified and worth the time and money. If you decide to move forward, set a budget and stick to it. Also, try to understand the other side’s arguments and what a judge might think. Be careful and think things through before taking action. Listen to your lawyer and pay attention to the facts in your divorce case. Look at cases like Greenberg v. Greenberg and Hurtado v. Hurtado for guidance. Make sure to consider all the relevant laws and precedents, such as Fla. Stat. §61.08(2). Lastly, remember to be practical and sensible when making decisions.
Source: https://www.floridabar.org/the-florida-bar-journal/modification-actions-for-an-increase-in-periodic-alimony-part-i/
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