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phylt
08-18-2014, 10:37 AM
My former husband (a practicing attorney) wants to terminate alimony and sent a petition to the court. I have formulated my response but need a little guidance on where to go from there (so far as whether to include a Motion to Deny his petition). I'm now on a fixed income due to retirement and really don't want to use my retirement money for expensive attorney's fees (although I will pay a fair price for consultation/advice). This is a matter of David slaying Goliath. Alimony is now nominal and manageable for my ex, but he is telling the court that he wants to save for his own retirement. He owed me over $100,000 prior to filing for bankruptcy 2 years ago. He expressed to me earlier this year that he "did well" last year.

Are there any Villagers who are retired (or not) who could help guide me?

GoldenHurricane
08-18-2014, 11:58 AM
I'm not an attorney, rather, I am a paralegal. I suggest you contact an attorney in the state where your divorce was granted. Each state has its own laws re family law cases.

phylt
08-18-2014, 02:17 PM
Thanks for your reply! My divorce was in Florida. I'm trying to avoid the expensive cost of an attorney, so just need advice from someone who has experience here. The "ex" is hoping I'll go to the expense that he can avoid or drop the matter. I don't want to give him the satisfaction of either.

ron122049
08-19-2014, 05:54 AM
I am a retired family law attorney. The prior post is good advice especially if he owes you that much money. Don't be penny wise and pound foolish. In Michigan where I practiced alimony was not discharegable in bankruptcy. I expect it would be the same here in Florida. Also in my state there were 2 kinds of alimony. Modifiable and non-modifiable. Do you know if that is relevant to your case? My advice is to spend $50 to $100 bucks for a consultation witha reputable family law attorney. Good luck.

phylt
08-19-2014, 08:31 AM
Thanks for responding, Ron! My alimony is modifiable. We had modified in 2012 when the monthly amount was significantly reduced. Modification with my cooperation was the only way he was able to obtain bankruptcy. Alimony is not dischargeable here either, so I agreed to the modification with his acknowledging to me that he owed the prior amount. Of course, he would not put that in writing. I would not waive the prior amount owed, but would deduct any amounts received over the new monthly base amount from that old balance. I've formulated a response to his petition, but just need to know whether I can include a motion to the court for an order directing him to pay or does it have to be a separate motion and then a hearing.