How can alimony be enforced?

[gramme]

What is the name of your state? FLORIDA

My daughter who lives in Central Florida...Longwood, her ex-husband who was ordered by the court to pay alimony suddenly stopped paying. He has not made a payment for two months now FEB 07 & MAR 07. My daughter does not have an attorney and does not know what to do about getting her alimony payments back. Is there a form she can fill out and file in the court or what? Any help would be very much appreciated. She has been evicted from her apartment because she could no long pay the rent. She has no money and can't seem to find any kind of help. Both my husband and myself are disable, and not able to help her.
Thanks
Donna aka gramme

[nextwife]

Is she in touch with him? Has she first checked to make certain he is OK and has not suffered an accident or sudden/rapid illness? When I was a kid, my parent left the house one morning and had a grand mall seizure - within days he had major brain surgery which robbed him of his language capacity and ability to work.

Does she know he's simply not paying, rather than having suffered an accident, heart attack or stroke?

How old is she? Is she depending 100% on alimony? If able bodied, she may need to consider also WORKING, as depending 100% on alimony is NOT a very good idea. Even the MOST reliable alimony payor CAN run into problems. lose their job or business, have accidents, get sick, disappear, die or become disabled. I have seen a number of my contemporaries who have been gainfully employed for decades now lose their jobs in their 50s as employers are opting for younger workers they can get cheaper.

[Bali Hai]

Originally Posted by nextwife

Is she in touch with him? Has she first checked to make certain he is OK and has not suffered an accident or sudden/rapid illness? When I was a kid, my parent left the house one morning and had a grand mall seizure - within days he had major brain surgery which robbed him of his language capacity and ability to work.

Does she know he's simply not paying, rather than having suffered an accident, heart attack or stroke?

How old is she? Is she depending 100% on alimony? If able bodied, she may need to consider also WORKING, as depending 100% on alimony is NOT a very good idea. Even the MOST reliable alimony payor CAN run into problems. lose their job or business, have accidents, get sick, disappear, die or become disabled. I have seen a number of my contemporaries who have been gainfully employed for decades now lose their jobs in their 50s as employers are opting for younger workers they can get cheaper.

The daughter wants money, not excuses.

[Gracie3787]

Originally Posted by gramme

What is the name of your state? FLORIDA

My daughter who lives in Central Florida...Longwood, her ex-husband who was ordered by the court to pay alimony suddenly stopped paying. He has not made a payment for two months now FEB 07 & MAR 07. My daughter does not have an attorney and does not know what to do about getting her alimony payments back. Is there a form she can fill out and file in the court or what? Any help would be very much appreciated. She has been evicted from her apartment because she could no long pay the rent. She has no money and can't seem to find any kind of help. Both my husband and myself are disable, and not able to help her.
Thanks
Donna aka gramme

After your daughter determines that her ex isn't ill or injured, she can file a motion for contempt. She can find the forms at [url]www.flcourts.org[/url] click on family law forms.

[Bali Hai]

Originally Posted by Gracie3787

After your daughter determines that her ex isn't ill or injured, she can file a motion for contempt. She can find the forms at [url]www.flcourts.org[/url] click on family law forms.

Why wouldn't she just file for contempt? Who cares if ex is ill or injured?

This woman needs money. I'm sure the decree didn't say to stop paying if you are ill or injured.

[fairisfair]

Originally Posted by Bali Hai

Why wouldn't she just file for contempt? Who cares if ex is ill or injured?

This woman needs money. I'm sure the decree didn't say to stop paying if you are ill or injured.

behave yourself!!!

[Gracie3787]

Originally Posted by Bali Hai

Why wouldn't she just file for contempt? Who cares if ex is ill or injured?

This woman needs money. I'm sure the decree didn't say to stop paying if you are ill or injured.

There's a very good reason for trying to determine if the obligor is ill or injured before filing for contempt- a contempt finding can be made only when the obligor is WILLFULLY not paying. That means that if the obligor is ill, injured, laid off, or some other reason that is completely out of the obligor's hands, it would be useless to file a contempt motion.

[Bali Hai]

Originally Posted by Gracie3787

There's a very good reason for trying to determine if the obligor is ill or injured before filing for contempt- a contempt finding can be made only when the obligor is WILLFULLY not paying. That means that if the obligor is ill, injured, laid off, or some other reason that is completely out of the obligor's hands, it would be useless to file a contempt motion.

Wouldn't that be for the court to decide??

[fairisfair]

Originally Posted by Gracie3787

There's a very good reason for trying to determine if the obligor is ill or injured before filing for contempt- a contempt finding can be made only when the obligor is WILLFULLY not paying. That means that if the obligor is ill, injured, laid off, or some other reason that is completely out of the obligor's hands, it would be useless to file a contempt motion.

Aw Gracie you know Bali better than to think that he seriously didn't care whether the poster's ex was dead or dying, it is a comment on womanhood in general. Although I think he may be capable of warming up to them just a bit.

Of course your thought is on point.

[fairisfair]

Originally Posted by Bali Hai

Wouldn't that be for the court to decide??

You know that it would. And you THINK you know what they would decide. hmmmmm???

[fairisfair]

of course the legal answer is, your daughter needs to file a petition to enforce spousal support. Through an attorney, preferrably, or on her own.

The moral response is your daughter needs to get a job and support herself, and stop relying on someone else to do that for her, whether that someone else be her previous spouse or her concerned parents.

[nextwife]

Originally Posted by fairisfair

of course the legal answer is, your daughter needs to file a petition to enforce spousal support. Through an attorney, preferrably, or on her own.

The moral response is your daughter needs to get a job and support herself, and stop relying on someone else to do that for her, whether that someone else be her previous spouse or her concerned parents.

And my opinion is that, if it turns out the guy IS in neuroligical rehab after a stroke, a body cast, a coma, or just had his chest cracked open to put some new valves in, it really wastes the court's time rushing to file contempt, and the added stress complicates the recovery. Long term, it doesn't help her if she puts him over the top physically and he has a massive coronary and can't return to work.

Thus, some effort to determine if he's WILLFULLY failing to pay, or there are serious issues making him incapable of paying, makes sense before proceeding.

[Bali Hai]

Originally Posted by fairisfair

You know that it would. And you THINK you know what they would decide. hmmmmm???

Nope, I don't know what the judge would decide.

But I know this, if someone owed me money and didn't pay it, I would be getting judgement and be owning what property they had left after the divorce.

[fairisfair]

Originally Posted by Bali Hai

Nope, I don't know what the judge would decide.

But I know this, if someone owed me money and didn't pay it, I would be getting judgement and be owning what property they had left after the divorce.

wow, now you sound exactly like what I have always imagined MRS. (former) Bali must be like!

[fairisfair]

Originally Posted by nextwife

And my opinion is that, if it turns out the guy IS in neuroligical rehab after a stroke, a body cast, a coma, or just had his chest cracked open to put some new valves in, it really wastes the court's time rushing to file contempt, and the added stress complicates the recovery. Long term, it doesn't help her if she puts him over the top physically and he has a massive coronary and can't return to work.

Thus, some effort to determine if he's WILLFULLY failing to pay, or there are serious issues making him incapable of paying, makes sense before proceeding.

and that is the the ethical response.