We were married for 20 yrs , been divorced for 2 yrs in Fla , now my ex . wants to take me back to court for more alimony

Asked over 1 year ago - Gainesville, FL

800 . 00 month alimony , 225 , 000 from IRA , got the house

Attorney answers (5)

  1. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . Has your ex filed a modification action yet? What is his basis for attempting to modify? It is a very tough burden to show that there is a substantial change in circumstances enough to warrant a modification especially given the divorce is relatively recent.

    If he files a modification, definitely seek an attorney to at least review it.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  2. Charles A. Esposito

    Contributor Level 6

    3

    Lawyers agree

    Answered . I agree with Mr. Trabin. The burden to modify alimony would be on your ex. assuming that the alimony in the original decree was modifiable. It usually is, but check that first. The standard is whether or not there has been a change in circumstances substantial enough that your ex's need and your ability to pay requires an adjustment.

    No answer posted is meant to be conclusive or to insinuate any outcome of any case. It is a generalized miniture... more
  3. Lawrence Joseph Marraffino

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . If your ex takes you back to court, you need a lawyer. Although my colleagues are telling you it is diffiuclt to get, and I agree, you do not want to be unrepresented.

    Lawrence J. Marraffino
    Gainesville Familly Law Attorney
    www.ljmpa.com
    Florida Bar Board Certified Civil Trial Lawyer
    AVVO Rating of 10.0

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more
  4. Eric J Trabin

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your ex is going to have a very difficult time getting a court to order alimony. Alimony is determined not only by the length of the marriage, but by a spouse's need and the other spouse's ability to pay. If the divorce went through 2 years ago then it will be extremely difficult for a spouse to say they now need alimony or more alimony.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  5. Robert M Chambers

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The facts you provide are insufficient to provide a definitive answer. Basically X has to prove an increase financial need from earlier court order. Thereafter X has to show that you cannot afford it usually with proof of increased financial ability. Its basically a comparison between finances two years ago and now. A good financial disclosure is impt. Also consider vocational evaluation of X. Court can impute income to X if not working or not working to full ability. In other words they have some responsibility to help themselves. You need an attorney in this matter. An increased alimony obligation might cost more over tine than the most expensive lawyer you could find. Good luck.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client... more

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