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If you are paying alimony after a divorce in Florida you may be under a lot of financial stress due to the current economy. Many people in the real estate, construction and finance industries have lost their jobs or are making substantially less money. There are well over one million people unemployed in Florida and there are few signs of improvement. There are four reasons Florida divorce law will allow you to modify or terminate alimony payments. - Death of your former spouse
- Remarriage of your former spouse
- Cohabitation of your former spouse in a supportive relationship
- A substantial change in circumstances
I assume you understand death and remarriage. Cohabitation is when your former spouse is living with someone else in a financially supportive relationship with someone she is not married to. Divorce in Florida was changed a few years ago to include cohabitation as a reason for modification or termination of alimony as some divorcees were trying to have their cake and eat it too. They were hoping to continue to receive financial support from their ex spouse while having all of the benefits of remarriage without the license.
If your ex spouse is not dying or moving in with someone else you have one other option to reduce your alimony payments under Florida divorce law. You can file a petition to modify your alimony payments based on a substantial change of circumstance.
In divorce in Florida either party to alimony payments may request a modification. The receiver may ask based on an income increase of the payer, increased child or living expenses or their own decreased income. In this economy it is more likely to be the payer asking for a decrease in alimony payments based on decreased income or unemployment.
The key factors in alimony modification is proving: - A substantial change in circumstances has occurred
- The change was not apparent and considered at the time of the divorce settlement
- The change in circumstance is substantial, involuntary and permanent in nature
In a divorce in Florida it may be easy to prove the first two items in this economy but the third requirement can be more difficult. Divorce judges see victims of the Florida economy every day and know all too well the financial difficulties people are facing. Foreclosure, bankruptcy and unemployment are part of many people's lives and judges are aware of the current situation.
The key to proving you deserve a break in your alimony payments is going to be effectively testifying that your reduced financial ability is substantial, involuntary and permanent in nature.
Don't ask for a modification if your income has decreased less than 15%. You will have a much stronger case if your income has dropped 25% or more and it is likely to remain that way or get worse.
Florida divorce laws mandate that the change is involuntary also. Divorce judges are a suspicious bunch. If they suspect you have quit your job voluntarily or reduced your self employed business income to avoid alimony you will get nowhere with the courts.
In a divorce in Florida, permanent in nature refers to a situation that has existed for a year or more. You have a stronger argument if it has been going on for two years or more. Many people in construction, finance and real estate in Florida have been suffering due to the economy since early 2007. They and many other people affected in a similar long term manner may have a strong case for modification of alimony.
If you decide you have a strong argument for modification of your alimony payments based on Florida divorce law you will need to file two main items to get the ball rolling. - Supplemental Petition for Modification of Alimony
- Florida Family Law Financial Affidavit
These must be filed with the same circuit court in which the original divorce was settled. These forms and instructions are available free from the state of Florida. Once you have filed these items and notified your spouse legally the case can be settled three ways: - Uncontested
- Contested or
- Default.
If you cannot find your ex spouse or they refuse to answer the petition you can file a Motion for Default and ask for a final hearing. If your ex spouse agrees to a reduction in alimony you can settle the case out of court uncontested. If you have been through a contested divorce in Florida you know the most likely way to a result. It is more likely that your ex spouse will disagree with your request for a reduction in support and fight the petition. This is a contested petition. Most cases of divorce in Florida that result in alimony payments were contested in court.
It is possible to represent yourself in a petition for modification of alimony. It is very time consuming and will test your perseverance but it can be done. Hiring an attorney to represent you in this matter will cost at least $2,500 and likely more than $5,000. The first step would be to consult with an attorney familiar with Florida divorce law and ask his opinion of your case. Some will provide a free consultation. Ask the lawyer about the procedure in your county and a timetable for the proceeding. In many areas it can take 6 to 12 months or more to have your case heard by a judge.
If you have been through a contested divorce in Florida that resulted in alimony payments you know what you are getting into. There is no easy way to get a reduction in alimony unless your ex spouse dies or moves in with someone.
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