Husband has full child custody wife takes half of pension can it be stopped?

[DivorceDude]

My brother lived in NJ for his whole life and 25 yrs of married life. His wife and him moved to Florida, she went ahead of him and established her 6 mo’s of residency, then when he arrived, she filed for divorce. She received custody of a handy capped child, and alimony. The child left the mother, they went back to court and my brother received full custody. When my brother’s pension started, she received half of it. Then she remarried and is still getting half of the pension, is there any way he can get that to stop since he now has custody of the handy cap child and finds it very hard to live on half of the pension and support the boy.

I would think there is a way since he has custody and needs the full pension to support the child and him while the ex wife remarried already.

Thanks in advance

State laws based in Florida since the divorce was done there.

 

[Just Blue]

My brother lived in NJ for his whole life and 25 yrs of married life. His wife and him moved to Florida, she went ahead of him and established her 6 mo’s of residency, then when he arrived, she filed for divorce. She received custody of a handy capped child, and alimony. The child left the mother, they went back to court and my brother received full custody. When my brother’s pension started, she received half of it. Then she remarried and is still getting half of the pension, is there any way he can get that to stop since he now has custody of the handy cap child and finds it very hard to live on half of the pension and support the boy.

I would think there is a way since he has custody and needs the full pension to support the child and him while the ex wife remarried already.

Thanks in advance

State laws based in Florida since the divorce was done there.

Please direct your brother to this site and advise him to join. He should ask his own question(s).

Thanks!
Blue

 

[mistoffolees]

Please direct your brother to this site and advise him to join. He should ask his own question(s).

Thanks!
Blue

And he will need to bring his court order and tell us exactly what it says about the pension (word for word). Ordinarily, the pension would be a property division which would not be changed because of changes in his circumstances. He could, however, possibly file for child support depending on the age of the child. He could also possibly file for assistance.

 

[justalayman]

the pension division is a part of the divorce order. The child custody issue is a separate issue and unless the divorce order was predicated on the fact one person or the other has custody of the child, that fact is irrelevant to the divorce order. As such, who the child lived with is irrelevant unless the order makes it relevant.

as to her getting remarried; again, if the order does not limit alimony to her being single, her getting married does not alter the justification for the order as it is.

 

[Bali Hai]

the pension division is a part of the divorce order. The child custody issue is a separate issue and unless the divorce order was predicated on the fact one person or the other has custody of the child, that fact is irrelevant to the divorce order. As such, who the child lived with is irrelevant unless the order makes it relevant.

as to her getting remarried; again, if the order does not limit alimony to her being single, her getting married does not alter the justification for the order as it is[/B].

Are you SURE about that? If so, another asinine alimony law targeted for abolishment.

 

[mistoffolees]

Are you SURE about that? If so, another asinine alimony law targeted for abolishment.

It's only speculation. Without knowing what the order says, it's impossible to say if alimony ends at remarriage or not.

Furthermore, I doubt if it's an alimony issue. If she's getting half of the pension, it sounds more like property division than alimony - and that shouldn't end upon remarriage.

 

[justalayman]

It's only speculation. Without knowing what the order says, it's impossible to say if alimony ends at remarriage or not.

Furthermore, I doubt if it's an alimony issue. If she's getting half of the pension, it sounds more like property division than alimony - and that shouldn't end upon remarriage.

sorry. I think it was me that brought the term alimony into the thread. I agree fully with your statements.


there was an Anderson Cooper show recently about some guys in Florida that have to pay lifetime alimony to their ex-wives with no termination for any reason. One guy was paying $3k a month. They call it permanent alimony and the folks did say there are attempts to remove the laws allowing it so it could actually be alimony since this is in Florida.

 

[mistoffolees]

sorry. I think it was me that brought the term alimony into the thread. I agree fully with your statements.


there was an Anderson Cooper show recently about some guys in Florida that have to pay lifetime alimony to their ex-wives with no termination for any reason. One guy was paying $3k a month. They call it permanent alimony and the folks did say there are attempts to remove the laws allowing it so it could actually be alimony since this is in Florida.

Yes, permanent alimony is almost always wrong - and is being phased out in a number of states. I believe MA has either restricted it or eliminated it, as well.

In the worst cases, it is severe double dipping. Take a 64 year old couple with tons of money in retirement accounts and/or a large pension. On divorce, those assets will be split, so both parties will have roughly equal retirement resources. If they retired the next year, they'd each have the same amount.

But if there's permanent alimony, the payor would be paying alimony out of his/her retirement income while the other person would be receiving alimony on top of his/her retirement income. Clearly, there's a level of unfairness there - which is why states are starting to re-evaluate it.