Alimony, also known as spousal support, may be granted by the court to either the husband or the wife in a divorce proceeding. The primary criterion for an alimony award is the need of one spouse and the other spouse’s ability to pay.

While the Florida Statutes have provided a formula to calculate child support, there is no such formula to calculate alimony. The determination of an alimony award is based on the facts of each case. Florida Statutes Section 61.08 outlines the factors that are considered in determining an alimony award. These factors include:

* The lifestyle or standard of living that was established during the marriage

* The length of the marriage (alimony is not generally awarded in short term marriages)

* The adultery of either spouse

* The age and health of the parties (both physical and emotional health is relevant)

* The contribution to the marriage, including services rendered in child care, education, and assisting in the career building of the other spouse

* The financial resources of the husband and the wife

There are three general forms of alimony that are awarded:

USCIS outlines which Naturalization History/Government exam must be taken

With many Naturalization applicants confused about whether they must take the current History/Government Exam or the newer, more challenging one, the USCIS website explains the following:

• If an applicant applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview BEFORE October 1, 2008, he or she will take the current test.
• If an applicant applies BEFORE October 1, 2008 and is scheduled for his or her naturalization interview AFTER October 1, 2008, he or she can choose to take the current test or the redesigned version.
• If an applicant applies AFTER October 1, 2008, he or she must take the redesigned version.
• If an applicant is scheduled for his or her naturalization interview AFTER October 1, 2009, regardless of when he or she applied, he or she must take the redesigned version.

USCIS examiners will select ten questions and the applicant must answer 60% correctly in order to pass. If the applicant fails the test, he or she is entitled to retake the test at a later time. However, if the applicant fails the test a second time, he or she must reapply for naturalization and pay the N-400 filing fees again.

The USCIS asserts that in the test group, the passing scores were higher on the new test than on the old one, and that the new test measures understanding of our system of government rather than simple memorization.

New York will soon issue Driver’s Licenses to immigrants without legal immigration status!

New York recently reversed it’s restrictive Driver’s License issuance policies and has now joined eight other states (Hawaii, Maine, Maryland, Michigan, New Mexico, Utah, Oregon and Washington) in allowing drivers to obtain Driver’s Licenses without requiring proof of legal immigration status in the US.

The first phase of the new policy will go into effect in December 2007 for individuals in New York who once had New York Driver’s Licenses, but were unable to renew due to immigration status requirements.

A second phase should begin in around April 2008, allowing all illegal immigrants to apply. In this phase, officials expect it to take between 4 – 6 weeks to screen and authenticate foreign passports and other foreign identity documents.

As part of the new policy, the requirement for applicant’s to provide a social security number has been eliminated. However, applicants will still be required to provide evidence of identification, such as a valid foreign passport, etc. And - in order to prevent New York from becoming a magnet for illegal immigrants who are unable to obtain Driver’s Licenses in other states (including Florida), New York will likely require that individuals provide proof of having resided in the State of New York, such as showing proof of address and length or residency through bank statements, utilities bills, etc.

This means that many immigrants across the U.S., currently without legal status - may actually end up moving to New York, simply because the State will soon enable them to better provide for their livelihoods. In many states such as Florida, it is nearly impossible to attend to daily life without driving. However, due to restrictive Driver’s License regulations in the state, many individuals have been forced to resort to driving without a valid Driver’s License. It has become a living nightmare for many and there is not a week that goes by without a client coming to me in desperation for this reason alone.

Senate May Reconsider DREAM Act

The Senate has been scheduled to resume debate on the Department of Defense authorization bill which was withdrawn from Senate consideration in July. The Development, Relief and Education for Alien Minors Act (DREAM Act) is expected to be attached as an amendment to the defense bill, which has a good chance of passage if the defense bill is passed. The DREAM Act would allow many immigrant children who are in the U.S. in illegal status the right to attend college and provide a path to permanent residence. Most immigrant youth were brought to the U.S. as young children by their parents and have no responsibility for their immigration status. Those who want to pursue higher education or military service will be able to benefit from this bill if it becomes law. According to many experts, senior officials at the Department of Defense have spoken in favor of the DREAM Act, likely because the bill will promote benefits for immigrant youth who join the military, so it will boost military recruitment.

Federal Judge Halts Implementation of Immigration Enforcement Law

Recently, a federal judge in California temporarily stopped the Department of Homeland Security from carrying out new rules to crack down on employers of undocumented immigrants. The judge ordered the Social Security Administration to stop the mailing of an estimated 140,000 letters to employers advising them that their employees’ Social Security information did not match the agency’s records. These mailings, more commonly known as ‘no-match’ letters, would have included a notice of the new rules involving steps for terminating employees with falsified documentation. This follows new rules which were announced in August to crackdown on illegal workers, which was to take effect on Sept. 10^th.