Enforcing Divorce Decree???

[Silverplum]

Then there ya go.

 

[Gracie3787]

no

he is not saying her income affects my alimony.....it affects my xh's.

listen......i have not received any alimony in 9 months. he has not listed the house. the alimony and settlement was agreed upon the house selling for a certain price, 6 months later the bottom fell out of the housing market. now the house is worth 120k less than 3 months post divorce.

if he were to force me to sell the house.....this would cause the alimony to be re-worked or else he could simply offer more of the equity, thus equalling out the 50/50...if not then he has to re-do his financial statement.

by him being married now.....his financial statement will be different, her income affects his income. They now share expenses, thus causing his expenses to go down.

So no.....her income does not directly have anything to do with my alimony, it has more to do with his increase in income.

Remember.....this was calculated over a year ago....he has made no attempt to even remotly sell the house.

So the loss of equity in the house DOES affect the formula that was used to determine Alimony. His increase in income will affect the formula**************50/50 is to balance or equitable portions.

Your ex's wife's income will NOT affect the alimony, it is HER income, not your ex's.- since you keep repeating that it does, will you kindly educate us all by posting the exact Florida statute that proves you are correct.

You are correct though, that IF he is in court on a motion for contempt, that the court can CONSIDER the fact that his wife's income helps support him. However, the court CANNOT change the amount of alimony based on wife's income, nor can the court order payment out of a spouse's income. All the court casn do is make a finding of contempt, that's it.

As was advised before, you can file a contempt motion for anything that he was ordered to do. but isn't.

 

[LdiJ]

Your ex's wife's income will NOT affect the alimony, it is HER income, not your ex's.- since you keep repeating that it does, will you kindly educate us all by posting the exact Florida statute that proves you are correct.

You are correct though, that IF he is in court on a motion for contempt, that the court can CONSIDER the fact that his wife's income helps support him. However, the court CANNOT change the amount of alimony based on wife's income, nor can the court order payment out of a spouse's income. All the court casn do is make a finding of contempt, that's it.

As was advised before, you can file a contempt motion for anything that he was ordered to do. but isn't.

I think that we are misunderstanding her.

I think that she is telling us that the alimony amount was calculated taking his expenses into consideration, and that since he is now married, and his wife has an income, and therefore is sharing some of the household expenses, (or should be) that it will have an impact should the ex attempt to make excuses as to why he isn't paying the bills on time.

I don't think that she is trying to say that he will have to pay more alimony just because he got married.

 

[FLexWife]

Whew!!

Thank you LdiJ !! That is exactly what I was trying to say. I really need to take up some writing classes

I am not asking for anything more nor anything less than the original agreement.

When calculating the settlement a very detailed formula was used. It included his income, my income, our assets and of course the biggest asset our home. Whoops, it did include our retirement formula. Both his and mine.

Due to his negligence on timely payments and waiting ovrt 2.5 years since seperation/divorce to even begin to list the home.....the market has dropped. I have brought in two realtors, yet I nor the realtors have been able to get him to agree to anything.

This now has changed the formula.

Which leads me back to square one

My financial statement has not changed, if any it is now for the worse due to the declining economy and higher costs of living.

His financial statement has changed. Not just because of his marriage, but also, he has the rare career that actually still gives cost of living increases 2x per year.



I am FINE with divorce. I am fine with his remarriage. I am fine with our settlement agreement. The problem is....he is not abiding by it.

I don't WANT to rehash all of this in court again. He has been stalling and dragging this on since Oct 05. He is living 2 lives. He seems unwilling to give up his past life and move on to his present life.

I am not greedy. I am thankful for what I have. I work very hard at my job, I work very hard in my home. I do the work of two people in this house. I am not minimizing anyone elses efforts to maintain a life after divorce, nor am I minimizing others struggles or compare them to mine. We are all different.

To me, when you walk away from someone, divorce them and agree upon the settlement it seems only right that you abide by them, especially when you are more than able to do so. If you want to start your life over again you should be able to. But you should also put to rest your old life. But now I am talking about "Morals vs Law" or even "Control Issues".

Again, my alimony is half of what he is currently paying. I do not understand his reasoning behind not selling this house and cutting his expenses in half. It would be beneficial to him to do so.

Sigh......the seperation/divorce was truamatizing beyond belief. I was blindsided. But this is getting ridiculous. He should be happy, yet he is the most miserable man I've seen.

 

[Ohiogal]

I just got back to this thread and quite frankly you are rude and arrogant. I GAVE YOU advice. File contempt. End of story. And again HIS WIFE's INCOME does not affect your alimony.

 

[FLexWife]

Thank you Ohiogal!!

It's been concluded that her income does not affect my alimony. I never thought it did. It affects his income.

I'm sorry if my need to understand the Law and abide by it seems rude and arrogant.

I would like to find a solution before simply Fililng Contempt.

I don't want play in the mud. It's never been my intent nor my desire to do so. I have bent over backwards trying to keep the peace.

I do value your advice. I'm not quite the hardass tho.

Perhaps that has been my problem.

 

[Bali Hai]

Thank you Ohiogal!!

It's been concluded that her income does not affect my alimony. I never thought it did. It affects his income.

I'm sorry if my need to understand the Law and abide by it seems rude and arrogant.

I would like to find a solution before simply Fililng Contempt.

I don't want play in the mud. It's never been my intent nor my desire to do so. I have bent over backwards trying to keep the peace.

I do value your advice. I'm not quite the hardass tho.

Perhaps that has been my problem.

I think your problem lies in the fact that you were awarded a lifetime handout and can't wait to get your grubby hands on that money!! This could be affecting your judgement.

 

[tuffbrk]

Unless the divorce was granted based upon adultery, it will not affect alimony pre-, during or after (after?! what??! LOL) divorce. If not proven it is merely hearsay.

Unless your divorce decree specifically states that alimony is modifiable, all of this is moot.

Unless the divorce decree specifically outlines a dollar amount due, versus 50/50 net proceeds of sale of the home to each party, the drop in equity is just life.

You're divorced for all of 8 months yet you reference you have been pressuring him to sell/list for 2.5 yrs. You should have brought a listing agreement with you to court so the judge would have him sign. Not sure what you thought would change after divorcing.

You state the calculation was completed over a year ago - yet you're not divorced a year. I don't think the change in the housing market will necessarily result in a new formula.

You mentioned your ex has made some less than timely payments - may be an indicator that his debts have increased thus ...he may now have less disposable income. And if there were issues with timely payments, his new wife may have chosen to keep her funds separate and only deposit something minimal to a joint account for household expenses.

You haven't provided any of the verbiage on your divorce decree whatsoever - therefore, we are all really just wasting our time.

BTW - found it interesting how much your writing has changed from your first post to those after having read Ld's !! Have a happy day...and bless your heart.

 

[VeronicaLodge]

It's been concluded that her income does not affect my alimony. I never thought it did. It affects his income.

HER INCOME IS NOT HIS INCOME, ITS HERS AND SHE WAS NEVER MARRIED TO YOU AND SHE OWES YOU NOTHING!!!!!!!!

 

[Gracie3787]

Thank you Ohiogal!!

It's been concluded that her income does not affect my alimony. I never thought it did. It affects his income.

Because of the way the FL law reads on this, I spoke to a couple of attorney's that are friends and both of them said that when an alimony order is FIRST issued, the incomes and expenses of both spouses are considered. However, they said that case law has shown that after the initial order is entered, a court cannot base anything except contempt on any former spouses' new spouse's income. In other words, although it affects his income and expenses, the wife's income cannot be considered in any modification.

 

[kimberlywrites]

Me thinks you are attempting to seek revenge on the new wife.
Disclaimer: That is not a legal answer. It is merely opinion.

 

[FLexWife]

I think your problem lies in the fact that you were awarded a lifetime handout and can't wait to get your grubby hands on that money!! This could be affecting your judgement.

Wrong again. I have not got my grubby hands on anything for 2.5 years. I was really trying to reconcile our marriage. That was my hope.

 

[FLexWife]

Me thinks you are attempting to seek revenge on the new wife.
Disclaimer: That is not a legal answer. It is merely opinion.

Nope.....I am not into seeking revenge.

At this point I am merely trying to get him to do what he agreed and the court ordered.

The complications in this divorce have not been of my doing. I have been amicable all along. You see**************I never wanted to upset him, I was giving him the time and space he needed as he asked of me. I never knew about the other woman, nor their marriage until just recently. He the xhusband, always led me to believe he was not involved with anyone.
Now why would he do that?

 

[FLexWife]

Because of the way the FL law reads on this, I spoke to a couple of attorney's that are friends and both of them said that when an alimony order is FIRST issued, the incomes and expenses of both spouses are considered. However, they said that case law has shown that after the initial order is entered, a court cannot base anything except contempt on any former spouses' new spouse's income. In other words, although it affects his income and expenses, the wife's income cannot be considered in any modification.

Again....I am not asking for any modifications.

 

[FLexWife]

HER INCOME IS NOT HIS INCOME, ITS HERS AND SHE WAS NEVER MARRIED TO YOU AND SHE OWES YOU NOTHING!!!!!!!!

Yes....we've clariefied that.