Legal Question in Family Law in Florida

I was making 800-1000 dollars per month when I was divorced. If you are taken back to court so ex can get his alimony and child support modified or terminated because of early retirement,will my income count against me if that was what I was earning when the final judgement was signed??? Ex took early retirement,he still has 11 or 12 more years before he can retire....I am tired of him and his new wife trying to live off my almost 30 years of marriage...I earned my alimony...Put him through school,and I watched kids in my home to help him...I really need help with this question so I can retain an attorney. THANKS.........


Asked on 4/09/11, 6:35 am

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

The standard used when considering a modification is if a substantial change of circumstances has occurred since the issue was last addressed by the Court. In considering the circumstances, the Court also will consider if the change was voluntary. If your ex voluntarily took early retirement, that probably should not benefit him when seeking a modification. However, it depends on the circumstances. For example, if he had to take early retirement because of health reasons, or if his only option was being lay-off, the Court might interpret that as not being "voluntary".

Your income will likely be considered.

Unlike some attorneys, I will not tell you what you want to hear, just to be retained.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.

Feel free to Google me.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

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Answered on 4/09/11, 6:53 am


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