Modification of Alimony in Florida (permanent periodic)

This is a discussion on Modification of Alimony in Florida (permanent periodic) within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I got divorced after 27 years (October 2008) and was ordered to pay $1850.00 monthly to my exwife as well ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Oct 28th, 2011, 04:26 PM   #1
Junior Member
Country:  
mm72311's Flag is: United States
 

mm72311's Avatar
 
Join Date: Oct 2011
Posts: 2

Default Modification of Alimony in Florida (permanent periodic)

I got divorced after 27 years (October 2008) and was ordered to pay $1850.00 monthly to my exwife as well as split my 401K with her. I am 58 years old and she is 53. Since then, there has been consideral changes in circumstances. I have become totally and permanently disabled and my only income is Social Security Disability and so my income has been reduced considerably from the $140K, I was earning at the time of the divorce & order. She has had a live in boyfriend and has gone to school and is now working, even though it is for probably only about $20K a year or less. Our incomes are similar now without taking into acct. the contribution from her live in boyfriend. I have since remarried and my wife and I have combined assets but no debt. The divorce was handled in Florida. I have read that in Florida, there is not a typical calculation used as is often in other states.

My question is: I am trying to offer my ex-wife a lump sum settlement. She of course wants 2.5 years of what her current alimony is. However, I think that is unreasonable and not even possible for me to do, considering I do not even have that left in my 401K. I am not sure if I am better off just going to court (filing a supplemental petition), and taking my chances on the alimony being stopped completely or way less than what I am anticipating. If the courts figure it on 17% of my income (which is what the $1850.00 monthly was figured on without her having a job in ), then would the courts figure it on the same percentage even though my income is only $2500 per month now and I'm assuming she earns at "least" $1050 per month? I am trying to weigh out the gamble on going to court and possibly having it stopped completely vs. paying her a lump sum. Just not sure on how to calculate the lump sum realistically. Of course it is all whether she will even accept the offer. Just not sure how much is too much to pay in a lump sum vs. my chances in court with a judge.

I know there are no guarantees. I'm just clueless and have paid two different attorneys for conferences and they seemed to be quite uninformed in Allimony Modifications. I don't want to screw myself more than I already feel I have been from the original order. She had a great attorney and again, mine was not as experienced in these matters.

MM72311
mm72311 is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Oct 28th, 2011, 04:44 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 16,859

Default Re: Modification of Alimony in Florida (permanent periodic)

I wish to inform you that you may go to court for modification of spousal support if you can show that there is change in circumstances. You may also appeal the decision if the time for appeal has not passed. Further you may settle the alimony on a lump sum amount based upon bargaining power of parties. You may show to court your disability as a factor that you should not be made liable and also your wife's earning capacity if she works and difference in financial circumstances of you and your wife and thus demand that you should not be made liable.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 30th, 2011, 04:26 PM   #3
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 11,776

Default Re: Modification of Alimony in Florida (permanent periodic)

Of course there are no guarantees in life. Now that you are disabled and not earning the $140K you were, that truth has been brought home to you. Going back to court to have the order modified is the only practical course to take for the order stays in place, month after month, unless and until it is modified. The court needs to know your current circumstances so that you will not be held to the original order.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Oct 31st, 2011, 06:44 AM   #4
Junior Member
Country:  
mm72311's Flag is: United States
 

mm72311's Avatar
 
Join Date: Oct 2011
Posts: 2

Default Re: Modification of Alimony in Florida (permanent periodic)

Yes, I absolutely agree that this needs to be modified and I have no doubt that the courts would lower the monthly amount due to this change in circumstances. And my plan is to try to negotiate a lump sum offer so that this will be final and done and then file the appropriate papers to make it legal, if my ex and I can come to an agreement. Or if that doesn't work, then I will go to court and take my chances there on getting it reduced if not dropped completely.

My question was more along the lines of trying to get an idea of the possible monthly amount the judge would or could reduce the alimony down to. I am trying to figure out how much realistically that would be so that I could then weigh out what I should offer my ex in a lump sum settlement offer. (Best case and worst case, "realistic" scenerio)

Example, since I was paying 17% of my income since 2008, which is $1850 monthly and if it were calculated now at 17% minus her income, then of course what I would offer her would be based on 2-5 years of that amount. But I just don't know if that figure would be realistic (only 17% of my current income), or is it up to the mood of the judge on that particular day, since apparently in Florida there is no set formula? I am strugging on how to weigh out what the strongest possible outcomes would be.

Does anyone on here have any experience in modifications of alimony and have any examples they could share that could be best scenerio or worst scenerio?
mm72311 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 3 replies and has been viewed 1548 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Not paying alimony (in Florida) Sunshineshum Divorce, Separation, Annulment 5 Jan 23rd, 2014 03:01 PM
FLORIDA/ H4 VISA: Confused about alimony and divorce? Zuli88 Divorce, Separation, Annulment 11 Dec 27th, 2013 11:57 AM
Florida close to ending permanent alimony payments, capping payouts formula1129 Child Custody & Support 8 Apr 14th, 2013 04:46 PM
Child Support Modification Florida Unregistered Child Custody & Support 24 Jan 19th, 2012 11:37 AM
Alimony in Florida: What happens if I stop paying? Unregistered Divorce, Separation, Annulment 1 Aug 5th, 2010 07:28 AM


International Law Issues?


All times are GMT -5. The time now is 01:39 AM.