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exwife to marryin FL, Why do I still pay?

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inhell4ever

Junior Member
What is the name of your state? Florida
My divorce was finally final 3 months ago Jan 2005, retro to Sept 2003. The decree reads, the husband shall pay to the wife as and for rehabilitative alimony the sum of $XXX. per month for a period of 24 months beginning Oct 2003. It also states that my ex wife must be a full time student in good acedemic standing. She is going to school, but I have no way of verifying she is full time or in good acedemic standing, she refuses to provide a transcript to me. She has informed me she will be remarrying July 26th 2005. Two months before my "sentenence" is up. The decree does not state anything about alimony stopping if she remarries. Must I continue to pay for another mans wife after she gets remarried? May I just stop paying or do I have to go to court? What is the proper procedure in Florida? Does it matter that she goes to school even, she is getting remarried.
 


Zephyr

Senior Member
if your decree does not say anything about support ending upon remarriage then you have to pay for the time specified, you could take it back to court but by the time you would be done your "sentence" would be up and you will have speent more money than those 2 or 3 payments.
 

LdiJ

Senior Member
inhell4ever said:
What is the name of your state? Florida
My divorce was finally final 3 months ago Jan 2005, retro to Sept 2003. The decree reads, the husband shall pay to the wife as and for rehabilitative alimony the sum of $XXX. per month for a period of 24 months beginning Oct 2003. It also states that my ex wife must be a full time student in good acedemic standing. She is going to school, but I have no way of verifying she is full time or in good acedemic standing, she refuses to provide a transcript to me. She has informed me she will be remarrying July 26th 2005. Two months before my "sentenence" is up. The decree does not state anything about alimony stopping if she remarries. Must I continue to pay for another mans wife after she gets remarried? May I just stop paying or do I have to go to court? What is the proper procedure in Florida? Does it matter that she goes to school even, she is getting remarried.
Rehabilitative alimony normally doesn't stop upon remarriage. On top of that, it would probably cost you considerably more than the 2 months you would have to pay after her remarriage, to take it to court.
 
inhell4ever said:
The decree reads, the husband shall pay to the wife as and for rehabilitative alimony the sum of $XXX. per month for a period of 24 months beginning Oct 2003. It also states that my ex wife must be a full time student in good acedemic standing.
Agree with the other responses about stopping the payment due to remarriage for reasons stated. However, based on the wording of the decree, I think you can insist on verification of student status before payment. You don't really say, but I infer that you haven't made payments to date yet. And, she wouldn't have a problem w/providing transcripts if she met the criteria.
 

LdiJ

Senior Member
IrishLady47 said:
Agree with the other responses about stopping the payment due to remarriage for reasons stated. However, based on the wording of the decree, I think you can insist on verification of student status before payment. You don't really say, but I infer that you haven't made payments to date yet. And, she wouldn't have a problem w/providing transcripts if she met the criteria.
That could get tricky...alot of this is BACK support which could make it difficult to require prior enrollment as funds were not available. My honest opinion is that he should pay the 24 months rehabiliative alimony without sqawking about it. In the end I think he is going to end up paying it anyway....and fighting any of it will just cost him more than the alimony.
 
LdiJ said:
That could get tricky...alot of this is BACK support which could make it difficult to require prior enrollment as funds were not available. My honest opinion is that he should pay the 24 months rehabiliative alimony without sqawking about it. In the end I think he is going to end up paying it anyway....and fighting any of it will just cost him more than the alimony.
Very true--depending on what the monthly amount ordered was, it could very well be less expensive to pay it than fight it. But, I don't understand the "funds were not available" part. It didn't say he had to pay for her college, just that he had to pay rehabilitative alimony for 24 months if she was enrolled as a full-time student in good standing. He already stated she had been going to school, so that's not in question. IMO, she still should provide a transcript or other documentation to show she met the criteria stated in the court order, why not?
 

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