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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 825
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I've been divorced since 2010 after 17 yrs of marriage. I

Customer Question

Customer: Hello. My name is Dave. I've been divorced since 2010 after 17 yrs of marriage. I recently had a modification of alimony that was settled though mediation of OCT 2015, due to a substantial loss of annual income on my behalf. During the course of mediation, I wished to have cohabitation listed as a reason to stop alimony, but she refused to agree to it and I went and settled anyway. Then, 2 months later, she became engaged to her boyfriend of 3 years and moved into his house last week. She is having a garage sale selling the items she had in her apt. I am trying to determine if I have grounds to take her back to court and have the alimony stopped. Through the course of their relationship, I know she has been receiving support from him through services. He is a part time mechanic and has repaired her car numerous times. He has also repaired our 2 daughters (both adults) cars on numerous occasions. My youngest daughter lives with them when she is not away at college. Last week he paid for 1500.00 of dental work for one of my daughters with a credit card. I suspect that they had planned the engagement and cohabitation before the last modification was settled, but I can't prove that. Do you feel I have a good case to take her back to court and seek to have the alimony stopped?
JA: Thanks. Can you give me any more details about your issue?
Customer: All alimony I've given her has been paid on time and there is no obligation for child support because my daughters aged out. She will be receiving part of my pension and investments when I retire. she was residing in an apartment for a year prior to moving in with her fiancée.
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Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I reside in the state of Florida.
Expert:  originallawyer replied 1 year ago.

Florida law states that you must have a substantial change in circumstances to modify your alimony. I'd argue that her pending marriage to to her fiance is a substantial change in circumstances. You might wait until the marriage is actually finalized to give you stronger ground to go off of, unless you have some concrete proof of engagement, like an announcement on Facebook or something like that.

Customer: replied 1 year ago.
There is a fb announcement. My daughter posted the announcement on her fb page as well as pictures of them with her wearing the engagement ring...with several closeup pics of just the ring itself. It should also be noted that she moved into her fiancee's house which he has owned for an extended period of time.
Customer: replied 1 year ago.
My alimony stops when she gets married. But according to my daughter, she is not getting married for at least another 2 years.
Expert:  originallawyer replied 1 year ago.

Can you definitively prove that they moved in together? Even if cohabitation wasn't specifically mentioned in the new alimony provisions, I think that the moving in together and engagement should be enough to revisit the issue.

Customer: replied 1 year ago.
I can prove it. My daughter helped her move in with him last weekend. My ex hasn't said anything to me about moving in with him but she will have to tell me something soon b/c i mail her alimony directly to her. Hence, She is going to have to give me her new address sooner or later. I will have no problem proving she's living with him.
Expert:  originallawyer replied 1 year ago.

Then I'd say it's worth a shot, especially if you can show that they're not planning on marrying for several years. Most judges would see that as her gaming the system.

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