Legal Question in Family Law in Florida
I was divorced after 25 years of marriage and awarded $2000 a month for alimony until I remarried or died. The ex paid this for two years, then was fired from an executive public safety job and arrested.
The judge modified the alimony to $1000 a month with accrual pending outcome of the felony trial. The ex, who remarried right away after our divorce, is not employed has been paying $10 a month. He now owes me $35,000 including $5000 for lawyer fees resulting from the modifications.
The ex turns 55 this month and is eligible for retirement from his first public safety job. I am entitled to half, $744 per month. Can I go back to court to request the full $1000 a month, as in garnishing wages? Can I force him to start drawing on his retirement? He is claiming indigent status so that he can be assigned a public defender.
Thank you for your assistance!
1 Answer from Attorneys
When you say you are entitled to $744.00 - is this in the divorce document? Did you get a QDRO?
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