Legal Question in Family Law in Florida

My father neglected to pay his alimony and now his ex wife his suing him. He recieved the papers on 1.11.11. My question is can I write the response for him without hiring a lawyer and two how do I get his alimony payments reduced or stopped because he can not afford the payments any longer.

My dad is 75 years old he is retired from the post office He has been divorced for 23 years.

His financial situatin has changed alot since he was married to his ex wife.. We live in Pensacola Florida.

Also would if be smart of him to file bankrupcty as well since he having a hard time paying most of his bills


Asked on 1/18/11, 5:18 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

There is nothing prohibiting you from assisting your father in the response, although if he is not represented by counsel he will need to sign the response to the court. He can file for a modification of support to try and reduce the amount owed, but it's usually not as simple as "I'm not making as much money as I used to." If the court finds that your father's circumstances have changed significantly then a modification may be entered. It is not easy to do this pro-se.

As for the bankruptcy, the support Order will not be impacted by bankruptcy. An evaluation of his personal situation should be done with an attorney who practices bankruptcy in order to determine whether he is a candidate for bankruptcy, and what relief he can expect.

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Answered on 1/24/11, 7:01 am


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