Legal Question in Family Law in Florida

I pay alimony to a disabled spouse who receives SSI/SSDI benefits.

I have recently become disabled myself and want to know if I am required to continue to pay if I cannot work anymore and receive only SSI/SSDI with no other personal resources. I have remarried since my divorce and my wife is making about 2800 per month. My home is now in foreclosure! I do not know if my ex-wife receives support from any other source, i.e.( remarried or living with someone).

Regards,

Robert


Asked on 11/09/09, 8:28 pm

4 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Yes, you are still required to pay the aliomony. You can ask the court to adjust it under certain circumstances.

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Answered on 11/14/09, 8:53 pm
David Slater David P. Slater, Esq.

You would first have to petition the court to modify your payments based on change of circumstances.

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Answered on 11/14/09, 11:04 pm
Brent Rose The Orsini & Rose Law Firm

In addition to what the other lawyers said, you really need to check to see if your ex is remarried or living with someone. If she is remarried, you alimony to her is stopped. If she is living with someone, your alimony may have stopped or it may be reduced, depending on which part of Florida your case will be in.

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Answered on 11/14/09, 11:48 pm
Lucreita Becude Lucreita D. Becude, P.A.

If your ex remarried - your alimony payments would cease. If you can establish that she is living with someone and is comingled her assets with this person, you may be able to have the alimony stopped or reduced. HOwever, this all depends on what your decree stated. If you were to pay alimony for a period of 20 years as a lump sum settlement, then you pay no matter what.

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Answered on 11/16/09, 11:59 am


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