Legal Question in Family Law in Florida
My ex and I divorced in Ca. in 2002. We agreed to $800/mo. support, but I had a clause included in the decree that states" support will be automatically adjusted, without further judicial review, to reflect husband's income from employment. I now live in Fl. and she lives in Mass. I was laid off from my job, am 63 years old, and my only sources of income, are my portion of military retirement,(she gets a % of that), and social security. Since my income from employment is 0, can I just stop sending support checks? There is also a clause in the decree that specifically states that all pensions, gov't and private and all retirement income is each party's sole property. Thank you.
Dennis
2 Answers from Attorneys
1. Jurisdiction lies with the court that issued the order, unless you get it domesticated in another state. You could also try to get it into another state by alleging that the original state is an inconvenient forum.
2. I find this clause highly unusual. It's not impossible that such a clause would exist in Florida, but I've never heard of one. I realize that traveling to California is inconvenient, but from a legal standpoint you should keep it there. I think many Florida judges would hesitate to enforce this, and it does seem like a good deal. Given your unusual facts, you really should speak with an attorney, preferably one licensed in both states.
This is a vague clause. It does not state that you can stop payment nor does it say what percentage you could adjust to. Therefore, I think you really need to either domesticate this Order to the State of Florida in order to avoid travel back to CA and secondly, neither of you are a resident of CA and therefore doubtful that the court would have any jurisdiction. Not sure if you would have an advantage if using MASS law. Further the Order becomes more unclear as the gov't pension states each to their own yet SHE is receiving a benefit from the gov't. I believe this is one of those cases where the two of you filed your own divorce without a lawyer to protect you. I suggest you get one this time.