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I had a verbal agreement to stop alimony because she moved in with her boyfriend, 3 years later she wants me to pay it all back.

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Filed under: Alimony

What are my rights here. We had an agreeement between each other and she is now getting married in April 2013. She wants to give this money to our children. She works and received an inheritance of a few hundred thousand and her boyfriend is very well off.
I am now in contempt. The proof I have of our agreement is the fact that she never sent me an email, letter nor made any claims to the court for support. She does not even need the money. Our children are 31 and 26. What can I do. The date is in a few weeks and she lives in Florida.

Thank you

Attorney Answers 2


You need to go back to your divorce decree and look for any conditions tied to payment of spousal support. Often, there is a co-habitation provision that stops child support in the event the payee is living with another person with whom they are romantically involved. The other provision you should look for is whether the court that issued the decree retained jurisdiction over the amount and/or duration of the support order. I would suggest talking to a local family law attorney to review the decree; better yet, if you were represented by an attorney in the original decree, contact their office. Good luck.

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This is not about child support. I am not sure you understood me correctly. It is about alimony. 3 1/2 years ago I had a verbal agreement with my x wife to stop alimony. We did not contact the court to change it since I trusted her being the mother of my children who are no adults of the ages 26 and 31. Out of the blue I receive paper of contempt for the last 3 1/2 years. She is now asking for 100,000 which I am unable to pay. I have had job loss in those years and am no slowly getting on my feet. My question to you was, can she do this and what are my options. She is getting married in 4 months and living with her fiance for that last 3 years. This is ridiculos. My children told me that she would be giving them part of the money. This is wrong in my book and need some help on how to go about it. I also supposedly have to pay her lawyer fee also. Thank you

Craig M. Sams

Craig M. Sams


First, the "child support" in my original reply was a typo and should have read "spousal." Second, the terms "alimony" and "spousal support" mean the same thing. Again, check the terms of the original decree in which you were ordered to pay support, or better yet have a family law attorney look at it for you. As for the lawyer fees, many local rules allow the party making a motion for contempt, your wife in this case, to ask for attorney fees. Again, check with a local attorney.


I would need to read your final judgment and any settlement agreement. Is this alimony or child support? I would advise you to speak with a Florida attorney if that is where the court hearing is taking place.

Mention this posting if you call and we will provide a telephone consultation at NO charge.

J. Garry Rooney
Attorney at Law
Rooney & Rooney, P.A.
2145 14th Avenue, Suite 20
Vero Beach, FL 32960
(772) 778 5400
(772) 778 5290 (fax)

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