Legal Question in Family Law in Florida
I was married for 7 years and was the sole supporter of the household during the entire marriage. I moved into my ex-spouses home and we refinanced with my name on the mortgage. I paid for everything. We made significant improvements to the home and I paid for them.
We got divorced and I got no part of the home. I also wound up having to pay alimony until I retire and then she gets a portion of my pension. If she dies, the payment continues to her estate (vis-a-vis, her daughter from a previous marriage). I also had to pay all of her attorney's fees.
In her previous marriage, she never went after her ex-husband when he stopped paying child support because he was a lawyer. Since the divorce, she has sold the home and relocated to New Mexico.
I do not think my legal representation was up to par. OK, so I get no part of the house. But I feel that the alimony should have been terminated after a few years and she should get no part of my pension. If she does get a part, it should only be for the length of the marriage. Her daughter is in her 20's and I have no relationship with her so why should I be supporting her? Both my ex-wife and the daughter (extremely mild case of cerebral palsy....she is a professional student) are able bodied but they do not like to work.
Do I have any recourse? What are the chances of getting this decree amended and what would I have to do?
Thank you.
2 Answers from Attorneys
Your recourse is to sue your lawyer for malpractice if you think your lawyer represented you negligently. Generally, there is a two-year statute of limitations on malpractice cases. If there has been a substantial change in circumstances since the divorce (such as a change in the incomes of the parties), you may be able to have the alimony lowered or terminated, but you probably can't go back and undo what was done in the divorce.
You should have appealed.