Alimony (Coursework Sample)
Betty Kelley was demanding child support for: Jennifer, Judie, and Jessica, from her husband William Pelletier. the question demanded assessment of paternitysource..
Presentation of facts
The aforementioned client: Betty Kelley is a beneficially of the paternity protection legislation within the Florida jurisdiction. Following a demand to relocate to Africa there is a verge of the demand for child support for the three children: Jennifer, Judie, and Jessica. The children are in this case entitled to parenthood from the maiden: Betty Kelley, and the husband: William Pelletier. The current status holds no controversy on paternity for parenthood. It is further identified that there is a withholding agreement for the support of the children upon the birth of Jenifer which has been effective void of a discrepancy. The husband has in this case been supporting the children without controversy
The husband has eventually resolved to relocate to Africa for a job venture guaranteeing a token of $5000 every year. It is further noted that the husband is not set for relocation in the near proximity. A controversy, therefore, raises in the distribution paternal care responsibilities amongst the spouses. Alimony can be granted by the court in consideration of various factors. It is in this case considered that Williams’s mission to Africa is indefinite. His token of 5000 dollars is also identified to not be sufficient for catering for the paternal care for his three children. Furthermore it will be considered that Betty working as a nurse can be able to cater for the family responsibilities for the temporal period of the husbands mission to Africa.
The maiden is further noted to be accountable for custody of the children when the husband is away. The husband has in this case further filed a suit calling for divorce. The bone of contention, in this case, is whether the husband will eminently support the children. The answer required by the maiden with the support of paternity legislation is most probably going to be disputed. The aspect will further be based on a lack of asset affiliation for William to guarantee his family
Course of Action
Having understood all the legislative stipulation by the Florida law alongside the entire United States' commitment to child support, the maiden thus files temporary child support. It is, in this case, acknowledged that there underlies a grace period before the husbands' relocations become effective. As a result, the maiden is calling upon the intervention of both the circuit courts and the courts of Florida to ‘estoppel’ William from defiance of parental responsibilities. It is, in this case, admitted that the culprit has been accomplishing his due diligence. The corollary, the court through the state attorney needs to rise up as per the filed suits as well as the affidavit to ascertain the withholding legislation.
The court shall adhere to the civil practice and procedures chapter 61 under grant of alimony in the 2019 Florida statutes. The second section will in this case form the basis for assessment of the current status of the family. Besides, chapters 5, 6, 7 and 8 will form the basis of determination of the most suitable if applicable alimony which the attorney will advise Betty to presume. Chapter 61.181 will if the court grants alimony determine the method of reception of the alimony. Chapter d (1) definitely applies in this case due to the presence of minors. As a result Betty might opt to file an affidavit for depositories as soon as fifteen days from reception.
The court is set to determine the course of action for the temporary child support aligning the identified situation. The paternity is already established by the fact that the spouse has assumed responsibilities for the childre
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