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.

Asked about 2 years ago - 32701

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)

  1. J. Garry Rooney

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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.

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    J. Garry Rooney
    Attorney at Law
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  2. Craig M. Sams

    Contributor Level 7

    2

    Lawyers agree

    Answered . 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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