swampy
recently joined
Reged: 07/05/05
Posts: 3
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After a 21 year mariage I was divorced in 1999. I was ordered to pay PERMANENT ALIMONY in the state of Florida. My ex was living with a boyfriend at the time. She was not given any of my stocks, 401K, or retirement. I was ordered to pay all the bills including those she incurred during the separation. The divorce decree also told me to pay for schooling which she has not done to this date. My question is to I have grounds to reduce or eliminate the alimony? Breach of contract? I have moved to another state so I would have to return to FLa. to accomplish this.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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or did it just order you to pay for it if and when she chose to attend. I honestly don't think a court can order someone to attend school....they can just make a penalty if someone doesn't....such as stop support. But the language must be in the orders. If this is permanent support, what difference does it make if she went to school? It doesn't appear that permanent support would have grounds for termination unless she remarried. Cohabitation may also not be a reason to end support either. I know it doesn't matter in California...at least in my case.
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TGSM
Carpal \'Tunnel
Reged: 02/06/05
Posts: 5843
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Not knowing what state you are in...I will base my response on my knowledge of CA law and alimony laws in general.
You say the alimony is permanent, but is it modifable? If it it modifable, you may have just cause to file for termination. You can ask the court to issue her a Gavron warning (in regards to furthering her ability to be self supporting.) Also in CA co-habitation gives rise to a presumption for a decreased need for support (according to CA family code.) If your order does not address co-habitation at all...check your states statutes.
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster
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TGSM
Carpal \'Tunnel
Reged: 02/06/05
Posts: 5843
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Did you have co-habitation addressed in your order so it does not effect your support? Otherwise according to CA family code 4323. (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.(2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.
(b) The income of a supporting spouse's subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.
(c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances.
***Just curious**** :0)
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster
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eranmsy
newbie
Reged: 05/20/05
Posts: 25
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im not sure about fl, but in la alimony is either interim or perm. Perm alimony ends when the x-spouse remarrys or IS COHABITATING WITH ANOTHER PERSON AND NOT MARRIED FOR THE PURPOSE OF CONTINUING ALIMONY PAYMENTS. i dont know who your lawyer was but if your x was living with her boyfriend when u divorced she should have never gotten alimony. heres hoping the law in fl is like the one in la...good luck
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Melody
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Reged: 06/02/04
Posts: 10102
Loc: California
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Judge ruled that cohabitation did not reduce obligation or need for spousal support. Cohabitation was not addressed in the divorce decree.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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the purpose of continuing alimony?
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TGSM
Carpal \'Tunnel
Reged: 02/06/05
Posts: 5843
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Again...out of curiosity, I wonder why the judge went against family code? It seems so weird to me to be living with one man who by nature of sharing expenses is helping support you AND having your XH help support you too through alimony. I just couldn't do that. I am sure you have your reasons, I just couldn't swing it personally.
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster
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TGSM
Carpal \'Tunnel
Reged: 02/06/05
Posts: 5843
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I am sorry if that last post came off badly...my whole outlook on alimony is colored by my experience through my husbands situation. His XW spends 95 percent of her life with her fiance in his home, but because she maintains her own residence she isn't considered living with the fiance. See if she were truly cohabitating, her alimony would end and she would lose out on $503 per month of DH's money. Her mortgage is only $745 so she keeps the house rather than lose his money. Also her son pays $400 a month in rent, so in actuality, she is still ahead of the game. As soon as her alimony ends in 2007 she plans to finally marry her long term (four years now) fiance and sell that home which is worth $600,000 plus...in the meantime, she keeps our money and we have two children (one being my SS her son) to provide for. So...my view on this is definately skewed.
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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I didn't "read" anything into it other than curiosity. The judge asked some questions about our life...First...do we comingle our funds...answer NO. Do we present ourselves as man and wife...NO. What monetary contribution is made by SO to household? $XXX which was documented by cancelled checks. How did we arrive at that figure? Went through local newspapers to determine how much rooms in single family homes in our neighborhood rented for...including utilities, full access, cable, etc. and also figured in meals. SO only eats dinners at home...and we usually eat out one meal per day per weekend...so he still only eats one meal at home per day....and when you're cooking for 3 adults (kids are teens with big appetites) it just isn't that much more to add in one more person. Questions about who pays when we go out? When we go out...say to the movies with the kids...I pay for the kids entirely....SO shouldn't be responsible for their entertainment, etc. Unless he offers to treat...just like my mother might sometimes. Then judge asked...what about without the kids? and I ask..."you mean like on a date?...he pays when we're on a date." The court reported caught my eye and smiled big on that one. Judge ruled that SO's contribution to household was NOT significant since it does NOTHING to support us...it just reduces my rent costs slightly....just the same as if I sold my new car and bought a used one...my payments would go down, but that doesn't qualify ex to reduce support.
I certainly can see why you'd have a different view of spousal support. Your H's ex is working the system. My ex earns over $125K per year...while I earn $38K as a teacher. I also have the expenses of my graduate program for my credential ($12K)...and full responsiblity for the children (sole legal and physical custody). Ex makes no contribution to raise the children other than money. I don't feel the least bit guilty that I accepted spousal support after being a stay at home mom for so many years...so that I could complete my BA and get a job. I could have just taken the support and done nothing...as it was not ordered that I had to do anything like go to school. Even after all that effort...all while being a single parent with no assistance from the other parent...my salary is meager because of how teachers are paid....you understand. I don't have the ability to buy a home because of home prices here. I could MAYBE qualify for a $350K mortgage...however, with the $100K down I could make....my price range is only $450K...which buys a dump here in SF Bay area. I will probably rent forever because my rental is nicer than any home I could buy.
Edited by Melody (07/06/05 12:55 AM)
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