Legal Question in Family Law in Florida

I filed a petition for modification of alimony on April 23rd b/c I could not find work for 4 months. The last pmt was less than 30 days late. I finally got work and was able to pay the alimony UTD (took every penny I made), so I withdrew the petition on May 31st, but not before her lawyer filed a counterpetition (on May 11) threatening to jail me and fine me, and demanded a ream of paperwork. Since I withdrew my petition prior to their deadline of June 11th I did not think I needed to respond; however I just recieved a letter from her lawyer (on June 16th) telling me that I had what amounted to 1 week to respond to both Standard Family Law Interrogatories for Modification Proceedings and Former Wife's Counter-Petition for Attorneys Fees and Court Costs. I am NOT in default, which is the ONLY reason I would be obligated to pay such per my divorce decree; letters did not cross in the mail because I cancelled the petition May 31st and the date on the lawyer's latest demand letter is June 15th. This lawyer has demonstrated a sad history of "churning the file" and continuously demanding the SAME information over and over, which created excessive debt for my Ex. Hard to believe she is still so willing to use that lawyer, and since her brother is paying the lawyer she doesn't care because she believes I am liable. I'm trying to stop this ridiculous escalation of fees.
First: Am I obligated by law to respond to the Interrogatories since I have withdrawn the petition for modification?
Second: Am I obligated by law to respond to a Counter Petition for Attorneys Fees and Court Costs since am paid UTD?
Third: Is what the lawyer is doing remotely ethical? (She had the nerve to subpoena my girlfried earlier)
I tried talking to my ex, requesting that since I was paid up to date she stop the escalating lawyer's fees and I would even pay her $1000 of those paperwork fees. She responded that "since I was filing a frivolous lawsuit I should be thrown in jail and fined $10,000". Since when is filing a supplemental petition for modification of alimony a frivolous law suit? I have paid her up to date everything the court said I owe despite the fact that it has taken every penny I have. Her lawyer is leading her on.

Asked on 6/18/12, 5:21 pm

Lucreita Becude Lucreita D. Becude, P.A.

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Kind of depends on what you filed - Did you file a Voluntary Dismissal of the Action and did you inform the other parties?

Answered on 6/19/12, 7:05 am

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