tmy3673
recently joined
Reged: 03/24/10
Posts: 5
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I have been divorced for 5 yrs. Permanant alimony was denied, but rehab alimony was awarded for 2 yrs. My last payment was 3 yrs ago. My ex is now suing me to re-open because she says rehab was unsuccessful and was not given a rehab plan. She now requesting permanant alimony in it's place, court fees and attorney fees. She also trying to modify child support because she feels I earn more( I do not). What are her chances of success? Is this a legitamate reason to modify?
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yngwies_guitar
journeyman
Reged: 01/11/10
Posts: 61
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What state are you in? In your divorce decree, did it state that the alimony was terminable? That makes a big difference.
What exactly does she mean by "rehab was unsuccessful and she wasn't given a plan"? That's very vague.
Also, why is she waiting this long to do this?
As for child support, as long as you can prove you make the same amount, I doubt they would modify it. There has to be a change in circumstance, it doesn't sound as if that has happened here. But maybe your state's laws are different.
My advice is to get an attorney ASAP. Get someone who specializes in divorce, not a buffet law [censored].
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tmy3673
recently joined
Reged: 03/24/10
Posts: 5
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to answer you: In Florida, Order stated alimony would end if re-marry or death, but clearly stated perm alimony denied, but feels rehab alimony more appropriate in this case due to parties age and ability. Her lawyer says rehab alimony cannot be awarded absent a rehab plan. I take that as the judge never stated in final order how she should rehab herself.(schooling, ect...) She was stay at home mom for most of time. She did say she wanted to be trained as an EMT in prev documents. To me, that sounds like she had a plan, or am i wrong. Can this really be modified and the 10k I payed her means nothing?
As for rehab being unsuccessful, she says failing to maintain our prev lifestyle; (which was paycheck to paycheck BTW.) She has lived in her parents home with my 3 kids, since seperation 6 yrs ago, never once trying to move out. They all share 1 bedroom also.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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Well, working against you is the fact that she thought the time to ask about a rehab plan was 5 years later and after all the money was spent.....she clearly doesn't have the common sense needed to be an EMT.
I am sorry she feels it's your job to give her a purpose in life. I hope the judge laughs at her.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]to answer you: In Florida, Order stated alimony would end if re-marry or death, but clearly stated perm alimony denied, but feels rehab alimony more appropriate in this case due to parties age and ability. Her lawyer says rehab alimony cannot be awarded absent a rehab plan. I take that as the judge never stated in final order how she should rehab herself.(schooling, ect...) She was stay at home mom for most of time. She did say she wanted to be trained as an EMT in prev documents. To me, that sounds like she had a plan, or am i wrong. Can this really be modified and the 10k I payed her means nothing?
As for rehab being unsuccessful, she says failing to maintain our prev lifestyle; (which was paycheck to paycheck BTW.) She has lived in her parents home with my 3 kids, since seperation 6 yrs ago, never once trying to move out. They all share 1 bedroom also. [/quote]
I would say her chance are nil on the SS. I've never heard of a "rehab plan", even for rehabilitative maintenance (which I also paid). Her lack of planning isn't cause for you to pay more. You have an order in hand. She is not a child and has the ability to plan
What I would do is counter for full custody of the children based on her inability to plan her own life, let alone those of the children, that you feel they are indangered by this lacking and the children are better of with a responsible adult/parent. Also motion for CS to end based on the change of custody.
Was this done by an "agreed order" or by order of the judge? If it was by agreement, NO WAY will it be modified.
It's not up to you or the judge to plan her life. I would also see if the county offers rehabilitative services. If it does, she should have used the county services.
But all in all, her inability as an adult to plan her life is cause for a change in custody. I would slap her down hard on this one.
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tmy3673
recently joined
Reged: 03/24/10
Posts: 5
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The order was by judge unfortunatly! There is florida case law that states rehabilitative alimony cannot be awarded absent a rehabilitative plan. This is the technicality her attorney is going with. Why should I be responsible because the judge did not outline what she was to do with money. Seems ridiculous.
Hopefully, this will not work out for her. But I guess my question still remains as can rehabilitative alimony be converted to permantant?, as she is requesting. Original order did say perm alilimony denied but rehabilitative alimony more appropriate.
Also, her attorney is requesting to see all my bank statements for the past 3 yrs. Excuse me, but we have been divorced for nearly 6 yrs. I have re-married and share accts with my new wife. Is this not an invasion of her privacy? Am I going to be held to having to do this or they be subpeana?
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]The order was by judge unfortunatly! There is florida case law that states rehabilitative alimony cannot be awarded absent a rehabilitative plan. This is the technicality her attorney is going with. Why should I be responsible because the judge did not outline what she was to do with money. Seems ridiculous.
Hopefully, this will not work out for her. But I guess my question still remains as can rehabilitative alimony be converted to permantant?, as she is requesting. Original order did say perm alilimony denied but rehabilitative alimony more appropriate.
Also, her attorney is requesting to see all my bank statements for the past 3 yrs. Excuse me, but we have been divorced for nearly 6 yrs. I have re-married and share accts with my new wife. Is this not an invasion of her privacy? Am I going to be held to having to do this or they be subpeana? [/quote]
Yes, but if they subpoena you have to poduce. Do you have a URL where you can view this case law on-line?
Again, I would come back with a petition for full custody based on her inability to function as an adult and in everyday life in general.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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I've been reading on this. It appears she was responsible for submitting a plan to justify the award of alimony.
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tmy3673
recently joined
Reged: 03/24/10
Posts: 5
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Yea, Well I hope she doing all this to just see what she can scare me into. She has filed alot of different claims. She also wants to deviate from the florida CS guidlines because I confiscate the children's clothing causing her to incur higher clothing costs. Ridiculous. Clothing sometimes is left behind cause my wife washes thier laundry and it gets left behind until next visit but confiscation is absurd.
She wants me to pay for her attorney fees as well, so I can pay for her to screw me over. nice! And, she then goes on to say I have damgaged her credit as I have not payed the joint debts I was ordered to pay. She obviously has not checked her credit because I have. This is so ridiculous that it should be a crime for her to do.
Am I also responsible for her for my entire life if she wants to take me to court anytime she wants. How long can this last?!!!
I am completly embarassed I ever married this jackass of a woman. She is very jealous I moved on beyond her and does all she can to make us miserable. Don't work though. I am so lucky in my life to have re-married to a beautiful educated, self sufficent woman.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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She sounds a lot like EX#1 for me
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yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
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Yes_Dad,
She sounds like a MAJORITY of women to me...
Quote " Then man pays, and he pays for me for the rest of my life, either my daddy or my husband, whatever, I'm not responsible for myself..."
--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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Not a clear majority but a LOT
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