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Modifying Alimony

by Chris
(Bay)

I am trying to determine the forms required to submit to the court for an uncontested petition to modify alimony.

My alimony judgment is currently an equation which produces a percentage of my income to be provided after child support is paid out. However due to a change in my circumstances, the wording of this equation will produce a cost greater then the intended percentage. My request is to change the Alimony to a set amount equal to what I am currently paying out.

As such, I am looking at filing a 905c. I am unsure of if a 902b or any other supporting documentation will be required by either party.

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Modifying Alimony
by: Gayle Coffman, Suncoast Legal Solutions, LLC

The State of Florida requires that, when a modification action is commenced in a family law action, especially one that deals with modification of support awards and obligations, it triggers mandatory statutory financial disclosure by both parties. Florida Statute 61.08 covers alimony. In addition to following statutory requirements, you must follow the Florida Family Law Rules of Procedure, specifically Rule 12.285 which requires the filing of a Certificate of Compliance with Mandatory Disclosure and one of the items on the list is the filing of an updated Family Law Financial Affidavit. There is a long form (annual income over $50,000) and a short form (annual income less than $50,000).

If your case is truly uncontested (meaning you are both in agreement to the changes) then you may be able to waive the financial disclosure (such as exchanging bank statements, tax returns, etc.), but many judges would not allow the waiver of exchanging financial statements. The financial affidavits would be the best way for the judge to be able to confirm calculations of current incomes.

Having said all of that, again, if your former wife is truly in agreement to the changes, you may not have to file a supplemental petition to modify the alimony, which would generate a filing fee in the neighborhood of $300. You could enter into a written, joint stipulation for modification of that portion of your Final Judgment of Dissolution of Marriage. You would still have to file it and then submit it to the judge with a corresponding proposed Amendment to Final Judgment. Your particular judge may review it and sign it or review it and instruct you to do more, such as file a supplemental petition and go through the mandatory financial disclosure. If you file a supplemental petition, the clerk will require several more initial filing documents. I can help you with any and all of this document preparation. Please visit my website, or call me at (727) 776-0283.

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contempt warrant issued unjustly on alimony - Family Law

by Donnie
(Navarre,fl)

I had a heart attack in 2005 when my ex wife and I were getting divorced, she was granted 25.00 in alimony, In Jan 2013 I had another heart attack and was told no more work and began receiving SSI in May 2013, In July I filed paperwork with Okaloosa county fl for a modification(I have around 9000 left in alimony) All of this is in process now however she has now filed contempt on not being able to pay since Feb 2013. Okaloosa has deemed me indigent yet she was still able to file this..no court date is set yet but I have a WARRANT! What do I do? I am on a lot of medication and worried about being in jail.

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Motion for Contempt
by: Staff FALDP

Dear Donnie,
We know how aggressive the courts can be in pursuing an order of contempt. Technically you cannot be in contempt of court if you do not have the ability to pay. That said, there are plenty of people jailed throughout Florida in similar situations.

Our first suggestion is that you contact the Office of the State Attorney in Tallahassee, and locate the department that oversees the activity of the Department of Revenue.


According to www.divorcesupport.com:

"A person cannot be held in contempt for violating an order he or she doesn’t have the ability to comply with. If Husband doesn’t have any money available, he can’t be found in contempt even though a valid, specific order was personally served on him. Note the distinction: Husband still owes the money, but he can’t be punished for not paying it if he was not able to comply with the court order through no fault of his own."

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Alimony Reduction

I obtained a divorce in Highlands County fl. My ex husband now lives in Pasco County 4 hours away. Can he go to court in Pasco county to have my alimony reduced? If I have to hire attorney can I ask that he come to Highlands county where the decree was ordered?

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alimony
by: Anonymous

Thank you I thought that is probably the case.

Or - you may have alternatives
by: Staff FALDP

From Lexis Nexis:
"The common law doctrine of forum non conveniens and the change of venue statute provide litigants with opportunities to challenge the convenience of the forum in which a trial is brought and to move the trial to a more convenient forum. Both doctrines of forum convenience confer on defendants protection from litigating in an inconvenient forum."

You may be able to motion for change of venue based on inconvenient forum. Or, if that motion is denied, you may be able to appear telephonically.

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Same County
by: Anonymous

It is my understanding that a modification has to be initiated in the same county in which it was ordered.

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I need to file aotion for Contempt/ Enforcement of Alimony. Do I need an attorney?

by Judy
(Tucon, Az Pima)

Whether I need an attorney since I live in a different state than the one I was divorced in? I have health problems and my ex is not complying with the Court Order or the payment of alimony. I am 74.

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Contempt/ Enforcement of Alimony
by: FALDP Staff

Judy,
Florida has Supreme Court approved forms published for the benefit of pro se litigants (self-represented litigants). You do not need an attorney to file a Motion for Civil Contempt/ Enforcement. The forms can be purchased from the clerk of court or downloaded for free from the Supreme Court's site - www.flcourts.org. The Motion for Civil Contempt/ Enforcement form is fairly straightforward. It asks what the other party was ordered to do and what he has failed to do. If you decide that you prefer to have help preparing these forms, many of our document preparers would be available to help you -- working virtually over the phone and over the internet. And, if you decide later on that you need an attorney, you could always retain counsel prior to the court hearing.

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