Legal Question in Family Law in Florida
back to court
I have been divorced for 4 years. I am a teacher in FLorida. My x has spent all of his money from the settlement, and he now is threatening to take me back to court because he says he paid for my education. For most of our marriage I worked part-time so I could rear our 3 children. We were married for 21 years. It took me until 33 to get my 4 year degree to teach. He was/is a drug addict which caused our marriage to end. Can he do something as unkind as this? I am so upset I can't eat or sleep. I have worked hard and been honest. He got his contractor's permit and a business which he no longer has due to drugs.
3 Answers from Attorneys
Re: back to court
If you already had a settlement, then it is very unlikely that a judge would let your ex get more now. Have an attorney get you a restraining order against the ex if necessary.
Re: back to court
When you refer to his having squandered his portion of the settlement, are you referring to having paid him alimony? If your case was either resolved with no award to him of alimony, or only a “lump sum” payment of alimony, then he probably is stuck. If he was awarded periodic alimony, he might be able to go back to court to seek an upward modification, but needing an upward modification because he likes doing crack probably won't do it. Do not like him scare you. Remember the old maxim: “Talk is cheap”
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
Re: back to court
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your ex husband has the right to take you back to court but it is extremely unlikely that the court will consider his request very seriously. Settlement agreements will rarely be set aside unless fraud on the part of one of the parties can be proved. Further, the original trial court had the opportunity to hear all the facts and witnesses. As a result, any decision will usually be upheld and not disturbed by a later court.
Scott R. Jay, Esq.
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