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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110543
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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GEneral magistrate ruled that I have to make alimony payments

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GEneral magistrate ruled that I have to make alimony payments via the state disbursement unit/payroll deduction. She seems to favor that approach. Can I appeal that decision?

All of our documents are filed other than a residency requirement and a parenting cert from the petitioner. I declined to waive my 10 day and 5 day waiting period to preserve my options vs an expedited order.

I've had to struggle very hard to make these payments each month in large part because petitioner has failed to make her payments as called for in the MSA for child care. What are my options to have the requirement to use the disbursement unit for alimony changed?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

While you can appeal the amount of the alimony, the judge has discretion of allowing you to write checks or ordering garnishment directly from wages and in order to overturn that part of the judgment you would have to prove it was an abuse of her discretion. To prove an abuse of discretion in FL is no easy task as you have to prove that no reasonable trier of fact with the same evidence and circumstances could have reasonably made the decision to have the payments directly deducted from your pay.

If the judge is looking at you struggling to make payments as grounds to impose the payroll deduction, then it is going to be hard to prove no other reasonable trier of fact could not come to the same conclusion.

The petitioner's compliance with the MSA is separate from the alimony issue and each time she fails to make such payment you need to file a motion for contempt and eventually the court will order either automatic deductions from her or will sanction her and fine her and ultimately they can even jail her for contempt for not complying with the MSA.

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