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.........
1 Answer from Attorneys
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.
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Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
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Law Offices of Elliot Jay Goldstein, P.A.
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Tampa, FL 33609
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