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Divorced in Fla 1997. In 2008, ex-wife verbally agreed to reduced

alimony because she started collecting...
Divorced in Fla 1997. In 2008, ex-wife verbally agreed to reduced alimony because she started collecting social security. Never objected either in writing or otherwise. Recently filed lawsuit for arreage including interest plus Legal fees. How does "Aquiescence" and "Laches" aid in my defense?
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Answered in 19 minutes by:
10/7/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
Hello. My name isXXXXX am Florida licensed attorney and I will be happy to answer your question.

I am very sorry to hear about this unfortunate situation.

Unfortunately, in Florida most judges would not allow someone who was ordered to pay alimony and failed to pay the full amount to use laches as a legal defense to back alimony claims, simply because the respondent (person being sued) knew that he was legally obligated to make full payment of the court ordered alimony and any verbal agreement to reduce the amount of alimony would not be legally valid, as only the court that has ordered the alimony payments in the first place, could reduce or modify the amount of payment.

I wish you the best of luck and please let me know if you have any related
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Customer reply replied 4 years ago

UNDERSTOOD, BUT WHAT ABOUT STATUTORY INTEREST? IS IT DISCRETIONARY? AND LEGAL FEES, ARE THEY TO BE REASONABLE?

Dear XXXXXph,

Thank you for your follow up.

Statutory interest would generally be added to any back owed alimony payments, however the legal fees and court costs would have to be reasonable and generally the judge would have some discretion as to the amount, however if your final divorce decree / marital settlement agreement stated that if the terms of the divorce are litigated, then the prevailing party would be entitled to the attorney's fees and costs, generally the judge would award such legal fees and costs to the prevailing party, but would have discretion as to the amount and the fees would have to be reasonable by the industry and local standard.

I wish you the best of luck!
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Customer reply replied 4 years ago

ONE MORE POINT. IN 2008, I LOANED HER $23,000 FOR DENTAL WORK AND REPAIRS TO HER HOME. AGAIN, IT WAS A VERBAL AGREEMENT AND NOW WANT CREDIT. SHE ACKNOWLEDGES THE MONEY, BUT SAYS IT WAS A GIFT.

Dear XXXXXph,

Thank you for your follow up.

The issue related to this loan can be raised by your attorney, and basically given the fact that you are divorced and paying alimony to your ex-wife, it would be unlikely that the court will treat this loan as a gift and if the court recognize that it was a loan, then you would be able to claim credit for the full amount plus possibly permitted interest, however in the future it would be a good idea to document any of such financial transactions with your wife or anyone else in writing.

I wish you the best of luck.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
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