Legal Question in Family Law in Florida
Alimony Modification
Ex husband and I divorced in Lee County Florida, he agreed to 2 years of alimony in the sum of 800.00 per month. 1 year has passed, now he wants to reduce the amount by half and extend payments another 24 months. He sent me a certified letter stating his reasons for reducing the amount and that by my cashing the check included I was agreeing to his proposition. Our original agreement was signed, notarized and entered into the final judgement. I need to know what options I have as I am currently not working and quickly running out of money.
1 Answer from Attorneys
Re: Alimony Modification
Of course, Florida Law will govern the details of your divorce but generally, you and your ex-husband can agree to modify the alimony but it still must be approved by the Court. Unless it is approved, the alimoney stays the same. Your cashing of the check under these circumstances without objection might imply your agreemnet. Contact your attorney for his advice. As an alternative, a certified letter to your ex-husband objecting to the forced agreement should be sent along with a statement that you are cashing the check and he owes you the balance. If he does not pay, then you can seek enforcement of the Court order. Check with your attorney.
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