Legal Question in Credit and Debt Law in Florida

I received a default judgment in favor of plantiff qith a Florida Small Claims Rule 7.343 fact information sheet that they are requesting I fill out and send back to the court and plantiff. I receive ss income and I receive a check from my x husband that was awarded to me when we divorced. although I am married again my new husband is not on this judgement, I still receive $260. a month from my X because it was awarded to me in our divorce as "Equitable Martial Distribution " My X receives a pension and my lawyer at the time told me that because of the years married to him I was entitled to part of this pension. On every check at the bottom he writes pension and the amt in the memo side. I deposit this check into my checking where my ss goes . The form I need to fill out ask me my income do I have to list this as well as my ss and will they require me to send them that money or how does that work. All my present husbands accts are only in his name and he was not on this account that I have the judgment for. i live in florida. I am so scared about all this that I can't even sleep at night and I cry all the time. Thank you for your help


Asked on 7/25/09, 11:01 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

You have to list all your income, including the income from your ex-husband. However, Florida law provides protection for social security and pension income, so it's unlikely they'll be able to take that from you. One caveat, though: Florida law doesn't say what happens when the pension is drawn from someone else (your ex-husband). You may need a lawyer to help you with that issue.

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Answered on 7/26/09, 10:51 am


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