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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I was divorced in Polk County, FL in 2001. My ex wife received

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I was divorced in Polk County, FL in 2001. My ex wife received both the houses we owned, and she was awarded $4,000 a month in alimony, papers state non modifiable. Our son is now 18 and she has a 9 year old son from another man which she gets no child support for and a live in boyfriend. Even though my papers state non modifiable, can I take her back to court to get the alimony reduced. She does not work and neither does her live in boyfriend. I am supporting her, her son that isn't mine and her boyfriend. Wondering if I have a case. During the time of our divorce, I was making good money. She also receives $1500 a month in child support from me for our son. She took our son out of school last year, he was supposed to graduate in May. She has enrolled him in school this year. I feel she did that to get an extra year of child support. Our papers do not specify an ending date to chiild support such as when child turns 18 or graduates. I need to know what my rights are, if any. Thank you, XXXXX XXXXX Davis.

So it says it is non modifiable, But is there a Co Habitation clause in the Order - for instance, does it state that she cannot live with or receive additional support from another source such as a live in boyfriend Or that the support stops upon marriage?

As far as child support, under Florida Law it should terminate at age 18 or at high school graduation let's say if that is at age 19

If there is no specification in your Order, then I suggest you need to contact the Clerk and Comptrollers Office in the county where the Order was issued and request information on having the child support vacated because of emancipation, coming of age.

Customer: replied 4 years ago.

It states the alimony will stop upon her remarrying or my death. There is no cohabitation clause in the final papers. Do I have grounds to take her back to court for a reduction. I am not making near as much as I was when we divorced and paying her that hugh amount is killing me. I guess my question is does Non modifiable absolutely mean I am stuck paying her $4000 a month until I die or will a judge consider reducing my alimony. I don't want to pay for a lawyer if I am going to lose or not have a chance. Not sure if you have had the chance to represent a non modifiable alimony case. Florida's alimony laws are ridiculous. I cannot get remarried because she will be able to receive part of my potential new wife's income. Not fair to her. Thank you


I suggest it is worth a shot based on a substantial change in your financial circumstances and the fact that she has a live in boyfriend who is not working.

And it is a good chance it can be reduced. I suggest it would be beneficial to at least consult with a local attorney. They are not going to charge you or take a case they feel won't have a shot.

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