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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12689
Experience:  Licensed experienced Attorney
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I was married for approx 22 years. Married on sept 86 and divorced

Customer Question

I was married for approx 22 years. Married on sept 86 and divorced on july 2009. she was the one that filed but i was the one that really wanted out. i think she beat e to it just to be able to say that she did it first. Both the marriage and divorce took place in Duval county, Florida.

We did a separation agreement where I am paying $5k of alimony and $1,700 of child support for my two kids.

My financial situation has changed slightly but not drastically but it is my understanding that she is now working as a translator at a hospital. It does appear as if she is trying to go back to school and get an education. I am currently 50 and she is 44. We did a court order in order to get my company to send the checks to her directly.

I have two related inquiries:
1) It is my understanding that the alimony laws are changing to be more fair with respect to how long I need to continue to pay permanent alimony. Are there any changes that could help lower the amount, reduce the time I need to continue to pay, or eliminate the alimony altogether?

2) If I move to another state or perhaps another country (e.g. Singapore, Philippines), can she come after me for the alimony. I am planning to continue to pay the child support as stated in the separation but was wondering if I can stop paying alimony once I move to another state or country and what are the possible ramifications from a legal point of view if I stop paying.

I can send the PDF of the resolution if you want. Just let me know.

Thanks

David
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

I am sorry to hear about your difficult situation.

Was the alimony that you were ordered to pay permanent and non-modifiable?

Customer: replied 1 year ago.

permanent

Customer: replied 1 year ago.

Also, i remarried almost a year ago. Not sure if that is important for this or not.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

1) Unfortunately, if the Alimony ordered by the court was permanent and non-modifiable, any changes in your financial situation (as long as you have enough assets to make alimony amount) or your ex-wife's improved financial situation would not be legal grounds for reducing or terminating alimony. Also any reform would not be applied retroactively and generally the only way to have this type of alimony reduced or terminated if your ex-wife remarries or starts co-habiting with another person.

2) If you move out of state or counrty and stop paying alimony, then your ex-wife will be able to obtain a judgment against you and will be able to seize any of your assets in the USA, but generally it is extremely difficult (if not impossible) to domesticate such alimony judgment in Phillipines, so it is not likely she would be able to enforce a judgment for non-payment of alimony in the Phillipines.

The fact that you have re-married would not have any legal significance in this type of situation.

I wish you the best of luck and please let me know if you have any related follow up questions for me.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12689
Experience: Licensed experienced Attorney
Alex J. Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks... some quick follow-up/clarifications...


 


1) You singled out Philippines, is that because she could go after me legally if I were to move to Singapore or say Dominican Republic. How do I know which countries are difficult for her to get to me legally.


 


2) if loose my current job and become unemployed or find another job but at a significant lower salary (say 1/2)... could I then ask for a stop (in the case of unenployment) or adjustment (in salary reduction) and is it usually granted assuming it is all in the open up.


 


3) With respect to co-habiting, my wife has been dating a guy for almost 2 years. I do not believe they live together but according to my kids they spend a lot of times together and he sleeps over or she goes over to his place quite often. She is even taking care of his dog almost permanently (the kids are basically taking care of the dog). Are there guidelines that define when co-habiting status is reached and once reached can she then stop it as a way to stop me from pursuing that route?


 


thanks!

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

1) Most countries outside of the EU, Canada or other deveoped countries, do not have a set legal mechanism to domesticate a legal judgment, so any third world country would be difficult for your ex-wife to go after you.

2) Not only you would have to loss your current income and be unable to find a job with comparable income, but also you would have to exhaust all of your assets, before you can ask the court to temporary reduce the amount of alimony due to an undue financial harship. It is not an easy process.

3) Generally, co-habiting would mean when the person co-habits more than 51% of her time with a boyfriend / girlfriend and simply dating or spending occassional overnight would not be sufficient enough.

I wish you the best of luck!
Customer: replied 1 year ago.

i send these questions out of sequence so i am not sure if you got them...


 


1) I really do not have any assets other than my 401k money. Which I am assuming she can not go after that nor SSN payments once I become eligible.


 


2) If I move to Philipines, and she obtains the legal judgement, will it automatically flag me if I try to enter the country (e.g. Puerto Rico) and be arrested on the spot?


 


I will do the bonus once I get these last answers.


 


thanks for all your help. Very informative.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

1) 401K and Social Security payments are subject to garnishment of up to 25% based on civil judgment, once you are eligible to collect it.

2) Non payment of child support would flag you and get your US Passport revoked, but not a non-payment of Alimony.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12689
Experience: Licensed experienced Attorney
Alex J. Esq. and 2 other Family Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for accepting my answer and for your very generous bonus, I do truly appreciate it.

If you have a new question, you can request my help by starting your question with "This question is for Alex Esquire only".

As I previously stated, I am a Florida licensed attorney and I am very well experienced in family law / divorce area of the Florida law.

Thank you and God bless you!

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