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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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My husband was duped into permanent alimony in a divorce in

Customer Question

Hi, my husband was duped into permanent alimony in a divorce in 1995 in FL. He gave her the house, car, paid bills and his military ins (which she cashed in). She says she was a stay home mom but she went to business school, he set her up in a home business of flower arranging which she quit working and he then set her up in a consignment business downtown shich failed due to her neglegence and she worked as a home healthcare provider for private indivduals plus she was Supervisor of an Eldercare center in town. She got fired or quit. Her lawyer convienced the judge she need spousal support permantly. She got all his Navy retirement until I met him and we filed for modification and got half of it reduced. Now he is 73, had double bipass surgery, has COPD, and recently had 3 strokes which ended up in neurosurgery of his caritod artery. He almsot died with the last surgery. He can't work now and has retired and I can
t work due to my helath so all we have is his ss, half of navy retirement and my ss. We can't live this way Her house is paid for and she receives ss disability and half his retirement. She just inherited 250,000 from sale of land left to her by her father. How do we get perm alimony dropped? Florida
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's the same process that was used before, asking for a modification. Many courts won't revisit alimony for a variety of reasons but certainly if anyone has sufficient grounds to ask for it to be reduced to $0 then your husband does.

He will want a lawyer that is aggressive and does a lot of courtroom work. He can find a list of lawyers that do family law at but he may want to go back to the same one he used before since he did such a good job.

This one will probably be more involved since the lawyer will almost certainly want to do depositions of doctors, do her deposition, provide how much money she has in the bank and the value of her assets as well as what she inherited.

This all goes to show a "substantial change in circumstances" which must be proven to modify alimony in Florida. The changes could be:

• Health issues

• Long-term unemployment

• Gifts

• Large raise

• Substantial inheritance

• Lottery winnings

• Availability of medical insurance

• Payer’s long-term involuntary decreased ability to pay

• Retirement by the payor

• Voluntary changes in circumstances that are smart and well thought out decisions

• Payee gets remarried

• Payee fraud in obtaining alimony

Some things do not count as a substantial change including:

• Expenses of a second marriage

• Moderate showing of the improvement in the payee’s economic situation

• Voluntarily quitting a job

• A judge's decision that a party got fired on purpose

The court can order the alimony reduced back to the time that the Motion to Modify was filed so he may want to move quickly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.