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Hoping for Clarification on Wording in Final Judgment

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mwalker

Junior Member
What is the name of your state? Florida

I'm hoping someone can offer some information on what's involved in filing a Motion to Amend some of the wording in our Final Judgment. The wording states that "should Husband leave his current employer, alimony shall continue at the amount of Husband's final salary....." Under normal circumstances, it would make sense that someone's final salary would be their highest salary, but my former spouse has already been demoted once in this job, plus a lot would be riding on this for him to look at a demotion or downsizing as a way to decrease alimony, and then go on to employment elsewhere. I have approached him about my concerns with the wording and he evidently has already noticed the vagueness of it. He doesn't want it changed because he says that if he got sick or ever had a boss come in that he didn't get along with, that he'd have trouble doing his job. Would I have to go back before a Judge in person to ask that this be changed or can it be handled just by the necessary legal paperwork. I'm hoping to be able to change the words "final salary" to "highest salary". If anyone has any opinions as to how the wording should be, I'd appreciate any thoughts.
 


BelizeBreeze

Senior Member
Alimony isn't a get out of life free card. and Yes, you will have to go before a judge with GOOD CAUSE to change the final decree. And from what you have stated here, you have not shown good cause.

One way of making sure your life isn't affected by alimony payments is to ....let's see now...GET A JOB.

Or wait until your ex dies then what will you do?
 

BethM

Member
You would need to file a motion to clarify and go back to court. If you feel the wording in the decree differs from what was actually discussed and agreed upon during settlement negotiates then you have "cause."

If you can prove that your ex husband is motivated to take a lower paying position to decrease the amount of alimony then you have cause.

If you can prove that it was your ex husband's intent that he pay alimony at the salary he was making when you two divorced then that is all you will need...what his intent was at the time the agreement was made.
 

mwalker

Junior Member
To Belize Breeze:
I understand the sarcasm. I would love to think that I could go right into a professional life and qualify for a pension of my own, but at age 58 I think I'm pretty limited. My divorce was only final in March of 2005 and I was married to my former spouse for 35 years. He is now with someone else, and all the years as a homemaker, wife, mother, etc. have not left me with any personal financial security. I am truly dependent on the alimony to meet my future financial needs.
 

BelizeBreeze

Senior Member
mwalker said:
To Belize Breeze:
I understand the sarcasm. I would love to think that I could go right into a professional life and qualify for a pension of my own, but at age 58 I think I'm pretty limited. My divorce was only final in March of 2005 and I was married to my former spouse for 35 years. He is now with someone else, and all the years as a homemaker, wife, mother, etc. have not left me with any personal financial security. I am truly dependent on the alimony to meet my future financial needs.
And that does nothing to offer the court a reason to change the wording of the decree. You still have 7 years before retirement, 10 or more years to work.

And again, what if your ex dies tomorrow. Are you still going to depend on alimony that doesn't come anymore?

It's not sarcasm, it's reality.

And, another thing, since you are 58, how old does that make your husband? What IF he loses his job? Do you think things are really that different for men of that age? You may be coming out on the good end of this if he does lose his job and can't find anything better.

Remember, you play with fire and you end up with boils.
 

nextwife

Senior Member
My husband is 58, and guess what? WE older workers DO sometimes end up facing lower incomes, and taking jobs that pay less, or positions that pay less - even if we don't pay spousal support. Since you apparently are divorced from the world of work for over 35 years, maybe you don't understand what REALLY happens in the workforce, but we who depend upon our own incomes DON"T have income guaranties!


FYI- I have several customers that re-entered the workforce in their 50s and DO make a decent income.
 

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