Silverplum
Senior Member
Then there ya go.
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.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.
I think that we are misunderstanding her.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 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.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.
HER INCOME IS NOT HIS INCOME, ITS HERS AND SHE WAS NEVER MARRIED TO YOU AND SHE OWES YOU NOTHING!!!!!!!!It's been concluded that her income does not affect my alimony. I never thought it did. It affects his income.
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 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.
Nope.....I am not into seeking revenge.Me thinks you are attempting to seek revenge on the new wife.
Disclaimer: That is not a legal answer. It is merely opinion.
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.
Yes....we've clariefied that.HER INCOME IS NOT HIS INCOME, ITS HERS AND SHE WAS NEVER MARRIED TO YOU AND SHE OWES YOU NOTHING!!!!!!!!