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  #1  
Old 03-15-2008, 12:35 PM
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Can "temporary alimony" be reduced / dismissed?


What is the name of your state? Fl

In mediation I agreed to temporary alimony for 24 months. The ex is remarried and the dissolution has been signed by the judge. I thought "temporary alimony" was to end at the time of remarraige. Last payment is scheduled November 08.

Thanks in advance!
  #2  
Old 03-15-2008, 05:06 PM
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Quote:
Originally Posted by fordpts View Post
What is the name of your state? Fl

In mediation I agreed to temporary alimony for 24 months. The ex is remarried and the dissolution has been signed by the judge. I thought "temporary alimony" was to end at the time of remarraige. Last payment is scheduled November 08.

Thanks in advance!
Does your divorce decree state that temporary alimony ends with remarriage? If not, then it appears that you signed a "contract" agreeing unconditionally to alimony for 24 months.

I don't know whether or not you can challenge that legally, but I do know that it will take a while for a case to progress through court. You have 8 months to go. Figure out how much it would cost you to retain an attorney to try the case, and compare that to how much you still have left to pay....and assume that the best attorney in the world couldn't get the case through court in less than 4 months, and maybe even 6.

I would just about guess that the cost of trying to vacate the order, would be greater than what you have to pay for 2-4 months of relief.
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  #3  
Old 03-16-2008, 09:17 AM
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Originally Posted by LdiJ View Post
Does your divorce decree state that temporary alimony ends with remarriage? If not, then it appears that you signed a "contract" agreeing unconditionally to alimony for 24 months.

I don't know whether or not you can challenge that legally, but I do know that it will take a while for a case to progress through court. You have 8 months to go. Figure out how much it would cost you to retain an attorney to try the case, and compare that to how much you still have left to pay....and assume that the best attorney in the world couldn't get the case through court in less than 4 months, and maybe even 6.

I would just about guess that the cost of trying to vacate the order, would be greater than what you have to pay for 2-4 months of relief.
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  #4  
Old 03-17-2008, 01:22 PM
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Hmmm....was the agreement reached in mediation made part of the dissolution signed by the judge? If so and it doesn't specifically state that it terminates with remarriage then you're stuck with it. Do you pay through a state agency or on your own or garnishment?

I'm only guessing here but cannot imagine the Ex simply not waiting until the 24 mos. was up if it terminates upon remarrying.
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