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Category: Family Law
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Experience:  30 years as a family law lawyer .
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My husband divorced through a private mediation, and agreed ...

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My husband divorced through a private mediation, and agreed to alimony payments for his ex based upon his income at that time. Since then his income has dramtically decreased, so he''s making monthly payments of half the amount. She now is threatening to garnish his wages. The agreement was " non- modifiable". She makes almost as much as he does! Is there anything that he can do? He has never missed a payment, but he really cannot afford double the amount. She lives in Florida, and we live in South Carolina. We cannot afford to go to Florida and get an attourney.
Thanks for your question. Yes you can file supplimental petition to end alimony here. It is real common in Florida. You would return to the same place where the edcree was entered. Ther are usually preprinted forms at teh courthouse that you fill in when filing.

You are not alone here. As I stated above it is real common. You just try and argue diminished income here. The cout pretty much has total discretion here to decide the matter. It is a no loose situation. You would have to travel to Florida for a hearing on your motion. I wish you good luck. Here below is instructions and form--you want (12.905)c) here..

http://www.flcourts.org/gen_public/family/forms_rules/905c.pdf


 

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