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06-25-2006, 06:58 PM
| | Junior Member | | Join Date: Jun 2006
Posts: 1
| | | Post Retirement Alimony Modification
What is the name of your state? FL
In the divorce decree, my ex received 1/2 of my retirement as well as permanent periodic alimony.
Is it possible to have the amount modified when I retire and we both have access to the retirement funds? I estimate that with the amount she will have at her disposal after I retire, she will be able to receive as much or more per month from those funds as she is currently getting in alimony.
In all fairness, it seems to me that should cancel out the alimony. Otherwise, she gets a windfall of alimony + retirement. |
06-25-2006, 08:09 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote: |
Originally Posted by NBP What is the name of your state? FL
In the divorce decree, my ex received 1/2 of my retirement as well as permanent periodic alimony.
Is it possible to have the amount modified when I retire and we both have access to the retirement funds? I estimate that with the amount she will have at her disposal after I retire, she will be able to receive as much or more per month from those funds as she is currently getting in alimony.
In all fairness, it seems to me that should cancel out the alimony. Otherwise, she gets a windfall of alimony + retirement. | You'll need to beg the court to deal with your situation "fairly".
Good Luck!! |
06-25-2006, 08:22 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | Quote: |
Originally Posted by NBP What is the name of your state? FL
In the divorce decree, my ex received 1/2 of my retirement as well as permanent periodic alimony.
Is it possible to have the amount modified when I retire and we both have access to the retirement funds? I estimate that with the amount she will have at her disposal after I retire, she will be able to receive as much or more per month from those funds as she is currently getting in alimony.
In all fairness, it seems to me that should cancel out the alimony. Otherwise, she gets a windfall of alimony + retirement. | The issue of what would happen upon your retirement should have, and probably was considered at the time of the court order. Unless something has changed since the court order was signed, there is nothing for the court to revisit. You had your "kick at the cat" so to speak during the first go round. |
06-25-2006, 08:27 PM
| | Member | | Join Date: Jan 2006
Posts: 160
| | Quote: |
Originally Posted by NBP What is the name of your state? FL
In the divorce decree, my ex received 1/2 of my retirement as well as permanent periodic alimony.
Is it possible to have the amount modified when I retire and we both have access to the retirement funds? I estimate that with the amount she will have at her disposal after I retire, she will be able to receive as much or more per month from those funds as she is currently getting in alimony.
In all fairness, it seems to me that should cancel out the alimony. Otherwise, she gets a windfall of alimony + retirement. | What is periodic alimony? |
06-25-2006, 08:31 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
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Originally Posted by cissycicle What is periodic alimony? | Payments are made periodically..as determinded by the court. |
06-25-2006, 08:38 PM
| | Member | | Join Date: Jan 2006
Posts: 160
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Originally Posted by Bali Hai Payments are made periodically..as determinded by the court. | How is it determined as to when and how much? Would this be considered "modifiable"? |
06-25-2006, 08:46 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
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Originally Posted by cissycicle How is it determined as to when and how much? Would this be considered "modifiable"? | The court determinds when and how much. All low level court orders are modifiable. All you need is money. |
06-25-2006, 08:54 PM
| | Member | | Join Date: Jan 2006
Posts: 160
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Originally Posted by Bali Hai The court determinds when and how much. All low level court orders are modifiable. All you need is money. | Is circuit court considered "low level"? If the terms of the divorce judgment are "non modifiable" what circumstance would negate that issue? |
06-25-2006, 09:08 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
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Originally Posted by cissycicle Is circuit court considered "low level"? If the terms of the divorce judgment are "non modifiable" what circumstance would negate that issue? | A low level court means you can't appeal an order to a higher court because there isn't one.
The court will determine the circumstances. Just file, pay your money and wait for a ruling. | |
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