If the question you're asking is can the court deny him alimony, the simple answer is yes. However, you painted a very favorable picture for him when considering alimony. But all the factors must be taken into consideration She earns a substantial amount, and he does as well. Alimony is based on a spouse's need and the other spouse's ability to pay. Does he really have a need? Your sister must sit down with an attorney. I'm sure there are many more factors that you haven't provided that would...
You can change your mind but maybe not the agreement. Generally once signed an agreement can't be rescinded. However, it sounds as though they may have been some type of false allegations on her Financial Affidavit. If in fact she makes much more then she claimed on her Financial Affidavit, and she hid this from you, you can challenge the agreement.
I agree with both attorneys that have answered this question. Don't give up hope. Get the MSA and make an appointment with an attorney that practices family. There may be something that can be done. The object is to get to the mediation table because you never know what may happen there.
If you don't have a Final Judgment or Decree than you are most likely still married. You would have to consult an attorney in the State of Pennsylvanian as to whether it can be reactivated. However, if it can't reactivated you will have no choice but to file here in Florida. I am assuming you have lived here in Florida for some time, and if filling a new case you most likely would have to file here as most States have a residency requirement.
You are wasting your time. Look at the statue: § 61.528. Registration of child custody determination: (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the circuit court of the county where the petitioner or respondent resides or where a simultaneous request for enforcement is sought:
The statute goes on, and perhaps you should read it. However she may domesticate in her...
She can still file for a divorce here n Florida. I've never seen a judge check the immigration status of someone seeking a divorce. But I can understand why your friend would be reluctant to go to court. She should contact an attorney to speak to somebody about her issues and how they can be resolved.
The only possibility you may have would be found in Florida Civil Rules of Procedure 1.540. The details you provided are vague. However read the rule and then you may pose another question. I've attached a link to a PDF of all the rules. Look for 1.540 on page 113.
You need to contact an attorney and discuss all the issues. You may need to file for divorce if he improperly filed. It's not a Simplified Divorce if there are children of the marriage (not clear if the children you mention are yours from a previous relationship) and you have agreed to a division of property. look at Family Law Rules of Procedure 12.105.
To keep some kind of support from your husband, even if it is just paying for Health Insurance, you need to have an open case and a move...
I agree that the issue has already been resolved in the divorce, even if it wasn't addressed, and that would make it res judicata, Latin for "the thing has been judged." This should have been an issue brought up and solved in the divorce. That doesn't mean he can't sue you, he can. However he will most likely fail.
It's tricky, but it can be done. You would get Sole Parental Custody. That's the easy part. As for child support, no court is going to allow the entry of a Final Judgment without support for the child in accordance with the Florida Child Support Guidelines. The work around is if you agree to pay him support (Alimony) equal to your child support, it would be a wash. But this is a serious thing and should be though through completely. You should be contemplating the long term aspects as well as...