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  1. #1
    Join Date
    Aug 2009
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    Default Modifying Non-Modifiable Alimony in Florida

    My question involves divorce in the State of: FL

    I am posting this for a friend of mine. He and his Former Wife were divorced in 2003 and he agreed to pay her non-modifiable alimony until the year 2023. He is current on his alimony payments (they are income deducted). His Former Wife is apparently having financial difficulties and has requested that he give her a lump sum amount and that she will agree to waive any remaining alimony payments upon payment of a lump sum amount. The lump sum amount that she is requesting is considerably less than what the entire amount paid in alimony would have been if he were to continue paying until the year 2023.

    My questions is, although their Settlement Agreement states that the Husband is to pay Non-Modifiable alimony until the year 2023, they can modify it based on the BOTH of them being in agreement that it be modified to a lump sum amount and alimony subsequently terminated upon payment of the lump sum correct?
    The modification to a lump sum amount would of course be agreed to via a signed Agreement and subsequent Order.

    Thanks in advance for your help.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Modifying Non-Modifiable Alimony in Florida

    Quote Quoting Lizzy09
    View Post
    My question involves divorce in the State of: FL

    I am posting this for a friend of mine. He and his Former Wife were divorced in 2003 and he agreed to pay her non-modifiable alimony until the year 2023. He is current on his alimony payments (they are income deducted). His Former Wife is apparently having financial difficulties and has requested that he give her a lump sum amount and that she will agree to waive any remaining alimony payments upon payment of a lump sum amount. The lump sum amount that she is requesting is considerably less than what the entire amount paid in alimony would have been if he were to continue paying until the year 2023.

    My questions is, although their Settlement Agreement states that the Husband is to pay Non-Modifiable alimony until the year 2023, they can modify it based on the BOTH of them being in agreement that it be modified to a lump sum amount and alimony subsequently terminated upon payment of the lump sum correct?
    The modification to a lump sum amount would of course be agreed to via a signed Agreement and subsequent Order.

    Thanks in advance for your help.
    If they are both in agreement, it might be possible to have the order modified. However, before filing, one or both should get a quick consult with a local attorney just to make sure. They can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

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