Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2017
    Posts
    4

    Default When Can You Modify a Spousal Support Settlement Agreement

    My question involves a marriage in the state of: FLORIDA FL

    Background:
    Married for 5 yrs in Florida. No Children. She has a masters degree and speaks 2 languages fluently. I have a bachelors and only speak english. I made between $65k and $85k a year while married.

    Divorce Agreement:
    I signed something unreasonable (I was weak, emotional, etc.). She received $40k in cash assets and I had to pay $3k/month for 3 yrs.

    History:
    I paid what I could for about 4 yrs (every month $350-$500) for a total of about $20k. I could not pay anymore, she sued me. I had to pay $25k and then $700/month for 3 yrs. I did this, but lost my job. She sued again. Now my wages are garnished for $3,000 a month.

    Question:
    After all this (activity and time), can I file for a change in arrangements? I ignored the last legal round as I was unemployed, now live out of state, etc. (my mistake...I know). But is there any avenue I have to get out this or get it reduced back to $700? I asked her and she rejected.

    I can offer more info if useful. I want to do this myself, as I have tried a lawyer and felt I received bad service for a lot of money (and no real impact).

    Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    14,360

    Default Re: Divorce - Bad Alimony Agreement

    That sounds more like a property settlement agreement rather than alimony. Can you clarify? If you got to keep assets (retirement, house etc) rather than having to liquidate them in order to pay her upfront, then that is quite different than alimony.

  3. #3
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Divorce - Bad Alimony Agreement

    Thank you for responding. I will clarify. There were no major assets such as property (we were young and it was a short marriage). I took about $6k in assets (cash) and $20k in debt. She took $40k in assets (cash) and $10k in debt.

    It is the $3,000 a month alimony that is the issue now. I should have never agreed to it. She doesn't need it.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,368

    Default Re: Divorce - Bad Alimony Agreement

    Your agreement to pay ended at least a year ago -- you are now simply talking about arrears.

    If you can get your ex- to agree to settle the arrears for less than you owe, then you should be able to resolve the matter by stipulating to that amount as satisfaction in full of your remaining alimony obligation. But you should not expect that a court will be receptive to adjust your arrears, when you could and should have filed a timely motion to modify if you had sufficient legal and factual grounds to do so.

  5. #5
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Divorce - Bad Alimony Agreement

    @Mr. Knowitall

    Sadly, I believe you are right. I signed a very bad arrangement. Between the asset split and the alimony, I am paying her $170k (before late payments and her attorney...adding about $30k) - 5 yr marriage...half of it separated, no kids, etc...she has a higher degree, better job, etc.

    Being dramatic, if I signed I would pay $1 million or $1 billion...at any point would the court look at it again for reasonableness, or just enforce it? In hindsight, it is so unreasonable. She has already received over a $120k...this next $50k will break me. A poor man makes an emotional (and legal) mistake...there is no undoing it?

    I appreciate your first response...just truly wondering about the "reasonableness" consideration.

  6. #6
    Join Date
    Sep 2017
    Posts
    347

    Default Re: Divorce - Bad Alimony Agreement

    Waiting so long to bring up that it was a decision you made in a poor state of mind is your downfall. It looks like (just saying this from an outside viewpoint) that you have now decided that it's a bad idea because you are suffering consequences for it. I agree the deal sounds like you got the shaft, but you agreed to it and don't state that you have raised any objections to it at all.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Support: Can a Parent Modify an Agreement for No Child Support
    By lawfacts in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-21-2016, 04:31 PM
  2. Spousal Support and Alimony: Where Do You File to Modify Spousal Support
    By NAVY in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-30-2015, 10:14 AM
  3. Spousal Support and Alimony: When Can You Modify Spousal Support Based on Changed Circumstances
    By exwa in forum Divorce, Annulment and Separation
    Replies: 9
    Last Post: 07-02-2014, 10:46 PM
  4. Spousal Support and Alimony: How to Modify or End Spousal Support
    By Aleksandor51 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 07-02-2013, 07:44 AM
  5. Modification of Support: Can a Parent Be Held to an Agreement Not to Modify Support
    By md123180 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 02-07-2012, 04:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources