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My husband and I live in Colorado. He was married to a woman…

My husband and I...

My husband and I live in Colorado. He was married to a woman for 20 years, they got divorced about 2011. She gets alimony. She is only supposed to be getting 1000.00 a month but it has been close to 1200.00 a month. She has a job and rents out the house that is in Florida. She lives in her late brother's house that is paid for. He is working 2 jobs and we still can't afford to live.... One of his paychecks for 2 weeks was barely 45.00.... I work 2 jobs also. I have two boys. He was on disability for about 3 months and she was getting his disability checks as well. He had it a minded and she had it put back. We have been homeless since Nov of 2016. My dad let us stay with him but he is kicking us out as of April 1st 2018. I don't know what to do. We can't afford a place to live with all the money she is getting from him. He wants to go get a better job but in fear that she will get more money from him. Please tell me there is a light at the end of this never ending tunnel...

Lawyer's Assistant: What steps have you taken? Have you filed any papers in CO family court?

She lives in Florida and we have been told that we have to have an attorney that provides legal counsel out there. And they also have NO CHILDREN together. We talked to an attorney out here in Colorado but there was nothing they could do

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Out here in Colorado but not one in Florida. We can not afford to fly out to do all of this

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Answered in 5 minutes by:
3/21/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The purpose of alimony is to allow the lower-earning spouse to maintain the marital standard of living after the marriage. What that means is, she shouldn't be able to get more money simply because your husband's income has increased. Getting a better job shouldn't be an issue. It's not like child support in that way. However, he is allowed to request a decrease to alimony where there is a material change in circumstances.

The judge can consider:

  • The income she gets from the rental house, especially if she wasn't getting that when they divorced.
  • The fact that she does not have a rental or mortgage expense for the home she lives in.
  • Any decrease to your husband's income since you married.

If she is getting more from renting the house out than he is getting from his jobs, he can ask that alimony be terminated entirely based on the fact that she no longer needs it, Also, I'm not clear on why she would be getting $1,200/month instead of the court ordered $1,000, but he should be able to stop paying that excess.

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Unfortunately, the modification request does have to be heard in the same court that entered the order. There is no way around that. He can mail the Motion to the Florida courthouse, but he will have to either appear in person for the hearing or hire a local attorney in Florida to appear on his behalf. He may want to see if there are any disability rights' organizations in the area that might be able to help. There are also some groups that have been working for alimony reform in Florida, and he could try reaching out to some of them.

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The form and instructions for requesting the modification are available online:

http://www.flcourts.org/core/fileparse.php/533/urlt/905c.pdf

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Customer reply replied 3 months ago
It is a percentage that comes out of his check.

Then he should look at the paperwork versus the amount being deducted to make sure it's correct. If they're taking too much, he can get it fixed.

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Customer reply replied 3 months ago
She also rented out the house with out his knowledge.

She's allowed to rent out the house if the judge awarded it to her as part of the divorce. She wouldn't have to tell him, unless the judge ordered her to notify him of any changes to income.

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Customer reply replied 3 months ago
The house was not awarded to her it is both of their names
Customer reply replied 3 months ago
We have prepaid legal services in Colorado but not sure if it will work in Florida

Prepaid legal in Colorado probably won't work in Florida, but it depends on whether the company operates in multiple states. You may want to call and ask.

If the house still belongs to both of them, then he can ask the judge to order her to pay him half the rental value of the house. He could also ask the judge to order that it be sold and she give him half the money. Or both.

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Customer reply replied 3 months ago
Well the company he works for is O'Reilly auto parts. They are everywhere... Lol

It all depends on the contract. Hopefully, they'll help in Florida, because that makes things significantly easier on you.

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Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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