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re: Right and Entitlement to Permanent Periodic Alimony
09-07-2007 8:43 AM
Joined on 01-28-2005
I would want to see an expanded explanation from the Attorney on the subject of "Permanent Alimony" under Florida Statute 61.08 (2) (a - g)
There are cases, not published becasue Per Curium Affirmations denying PPA are not published opinion.
Many of those sad cases, deny PPA in long-term marriages.
Many based on allegations of "fault" although clearly we have a "no-fault" statute (See, Williamson, Noah, Green, Heilman, Siegeel).
These cases "slip through the cracks" where a Circuit Court issued a scathing opinion replete with "adequate findings" of the misconduct of a spouse.
If appealed, the case is simply affirmed, leaving on published opinion for the citizens of Florida to review.
I know first hand, my case is on "all four points" on that central issue, the denial of PPA in a long-term marriage where the opposing spouse has stipulated to having "the ability to pay" PPA in excess of $120,000 per year.
My case is on Appeal in the 5th DCA (D506-3820).
Also see Cheng v. Cheng, PCA-ed (denied PPA) in a long term marriage to a Specialist Physician.