Judge or Magistrate?

[deecopperpot]

What is the name of your state? Florida

Fiance is finally gotten a court date to fight more alimony against his ex of 3 years. He has been assigned to a magistrate instead of a judge. Is this good or bad? What are the pros and cons? Also cannot make this date. Plans to go out of the state made a year ago! Has to get a postponement. How is this done and should he request a judge or stay with the magistrate. I do not trust the leagl system in Floirda at all! By the way the mediaiton did not work...all he got was an offer to pay $300 more and then her laywer said he would not take him to court again for 2 years? Some offer!

Thanks for your help and advice!

[VeronicaLodge]

why does he need more alimony after 3 years? why can't he support himself. and why are you even involved?

[Bali Hai]

Originally Posted by VeronicaLodge

why does he need more alimony after 3 years? why can't he support himself. and why are you even involved?

I believe the ex-husband in this case is being sued for more alimony by the ex-wife.

Are your questions, except the last one, still the same if this is the case??

[VeronicaLodge]

absolutely! and you should know that about me bali!

[deecopperpot]

Yes Bali is correct...but no one gave advice on whether a magistrate is okay or a judge and what the difference was... I am involved in this so much, Veronica as we live this nightmare together. She, his ex-wife is the reason we do not marry. It is chronic harrassment.

[VeronicaLodge]

sorry i thought you were the girlfriend and he was trying to go back and get more support from his wife.

I dont see how she can get alimony modified after 3 years, but if the original order says its modifiable then maybe, seems odd. how long is she supposed to get alimony for?

oh and i dont think there is anything to worry about with a magistrate over a judge.

[Bali Hai]

Originally Posted by VeronicaLodge

sorry i thought you were the girlfriend and he was trying to go back and get more support from his wife.

I dont see how she can get alimony modified after 3 years,

why does she need more alimony after 3 years?

but if the original order says its modifiable then maybe, seems odd. how long is she supposed to get alimony for?

why can't she support herself?

oh and i dont think there is anything to worry about with a magistrate over a judge.

Now that you know the real story, your questions have changed dramatically!!

[Ohiogal]

Originally Posted by deecopperpot

Yes Bali is correct...but no one gave advice on whether a magistrate is okay or a judge and what the difference was... I am involved in this so much, Veronica as we live this nightmare together. She, his ex-wife is the reason we do not marry. It is chronic harrassment.

A magistrate works in tandem with a judge -- a judge supervises a magistrate. A magistrate is perfectly fine. But no you are not involved legally. And if you really wanted to marry then you would.

[VeronicaLodge]

Originally Posted by Bali Hai

Now that you know the real story, your questions have changed dramatically!!

actually they havent, you forget bali, in my divorce, as the female, i was the breadwinner and my ex was a deadbeat, he could have gotten alimony from me but didnt (he didnt go for it, thankfully), our marriage was 12 years in length.

I still dont think she needs more alimony and i still think SHE should get a job and support herself, but those questions don't really answer the OPs questions do they?

[Bali Hai]

Originally Posted by VeronicaLodge

actually they havent, you forget bali, in my divorce, as the female, i was the breadwinner and my ex was a deadbeat, he could have gotten alimony from me but didnt (he didnt go for it, thankfully), our marriage was 12 years in length.

I still dont think she needs more alimony and i still think SHE should get a job and support herself, but those questions don't really answer the OPs questions do they?

Well you must have had a reason to ask those questions in your first post! Now that turns out to be a woman seeking more alimony, they aren't relevant anymore???

Your husband should have asked for alimony if he had a chance to be successful. You see, that is the only way that the notion of alimony is ever going to be addressed in the legal system. More WOMEN need to pay it!

[VeronicaLodge]

yes they are still relevant, well not really, they werent in the first place, i was being nosey, but the fact is, i already asked them! just switch "he" to "she" and answer accordingly, no need for me to ask again, then after the OP elaborated I asked some MORE questions and tried to answer her question.

In this day and age, I don't think anyone, male or female, that is my age/generation or younger (and I am 38) should get alimony at all, not even temp or rehabilitative, I think it is an outdated idea and should be abolished. can I make my view anymore clear than that? Anyone living off of alimony is lazy and a leech.

[Gracie3787]

Originally Posted by deecopperpot

What is the name of your state? Florida

Fiance is finally gotten a court date to fight more alimony against his ex of 3 years. He has been assigned to a magistrate instead of a judge. Is this good or bad? What are the pros and cons? Also cannot make this date. Plans to go out of the state made a year ago! Has to get a postponement. How is this done and should he request a judge or stay with the magistrate. I do not trust the leagl system in Floirda at all! By the way the mediaiton did not work...all he got was an offer to pay $300 more and then her laywer said he would not take him to court again for 2 years? Some offer!

Thanks for your help and advice!

Due to overcrowded court dockets, most county's have begun using magistrates for the family law cases. It's no big deal, actually it seems that quite often the magistrates end up being far more law abiding, and fair than the judges are. All in all, it's a good thing.

[Bali Hai]

Originally Posted by VeronicaLodge

yes they are still relevant, well not really, they werent in the first place, i was being nosey, but the fact is, i already asked them! just switch "he" to "she" and answer accordingly, no need for me to ask again, then after the OP elaborated I asked some MORE questions and tried to answer her question.

In this day and age, I don't think anyone, male or female, that is my age/generation or younger (and I am 38) should get alimony at all, not even temp or rehabilitative, I think it is an outdated idea and should be abolished. can I make my view anymore clear than that? Anyone living off of alimony is lazy and a leech.

You have a free foot massage coming VL!!

[VeronicaLodge]

oh hell yeah!!!!!

[deecopperpot]

Thanks everyone...might just stick with the magistrate then. He still has to do a postponement as made travel plans a year ago and of course the date they picked is the date we are leaving.

For Veronica...I am totally in agreement with you. I was married for 33 years (NY) and requested no alimony at my divorce so I could look myself in the mirror and say.."I can take care of myself". And I do! In FL though women are coddled...my fiance was married for 12 years to her and no kids thank heaven....alimony for life or if she remarries or co habitates. Obviously she has no one or she would put all her energy into that relationship. She wants more but he is making less now and nothing different has changed in her life...except her spending ability.

Keep your fingers crossed!