Legal Question in Family Law in Florida
If a divorce decree states that you have to pay alimony and you work out an agreement with your ex to give them a loan in return to adjust their alimony payments indefinetly, will this stand up in court if it's signed by a notary?
2 Answers from Attorneys
In such agreements which are not approved by the court, it is likely that the agreement will be valid so long as both spouses maintain the agreement and do not return to court to seek modification. No such agreement can be assumed to be valid indefinitely, since either spouse could petition the court, based on a substantial change in circumstances to modify the original court agreement regarding alimony, child support, or other provisions.
I suggest you get the court to modify your original agreement. If your spouse decides she does not want to abide by the agreement, then you may be out in the cold because she would have to state that she agreed to this and she could say you did not do your part and therefore the agreement becomes void. I further suggest you don't fall for these tricks. This is just why things go bad and then you all blame the system. Use the system to get it in writing and get it court approved!!!!!