Legal Question in Family Law in Florida
Truth about alimony
The request for rehabilitative alimony was mailed to me stating, �The wife has no income and plans to move out of state to pursue education opportunities for future employment. Payments shall be deducted from the husband�s income in the amount of $381.23 biweekly starting June 27th, 2006 and ending on June 17th, 2008.� The first payment was not deducted from my income until January 29th, 2007. I realize I�m behind in payment. My ex is under the impression that they may collect $1,524.92 in alimony until my debt is no longer owed. The initial request for rehabilitative alimony was $300.00 biweekly. The court awarded an extra $81.23 biweekly. I have four questions I�m hoping you can answer. My first question is Is the extra $81.23 the payment of what I owe in arrears? If not then my next question is will my ex be able to collect $1,524.92/mo in support. My third question concerns �pursuing education opportunities'' in 10 mos. my ex has made no attempt to better theirself. Even though there is no time limit for my ex to do so could i file a petition for modification of alimony? My last question concerns living arrangements. My ex is living with their fianc�e. I�ve heard that if I can prove this the support will stop. is this true?
1 Answer from Attorneys
Re: Truth about alimony
1. I cannot answer #1 without knowing in what action the court awarded the $81 or what's in the order.
2. Again, I don't know what that figure came from. If an order to pay arrearage was entered and that's the amount the judge decided you had to repay, then yes! she can collect that much.
3. You might try to petition for modification arguing that she got rehabilitative alimony in order to get a degree but that she has not attended any class in the past year. However, she can argue that she is about to start and that part of her rehabilitation included relocating and other non-educational factors. I don't think you would be successful.
4. If she only got two years of rehabilitative alimony, you would have a hard time terminating that because she is now living with someone. One has nothing to do with the other and the cases tend to support continuation of rehabilitative alimony.
That said, you MIGHT have a case combining all of the factors (no rehab, less need because cohabiting with someone...). It would depend on the actual facts and the judge's mood. However, I really don't see it. Sorry. The burden is on the one petitioning for modification...
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