Divorce settlement modification lawyer wants to take my ex to court

[Helpmeee]

What is the name of your state? What is the name of your state? florida

Hello everyone, I got a divorce 13 years ago and my husband and i decided to modify the divorce agreement in exchange for the alimony that he never paid me. so we agreed on this, and i called my divorce attorney he wants to charge me $5000 deposit and $350/hr he suggests taking my ex to court and having him pay me the alimony that is owed which is $360,000.. neither of us want court issues as we agreed on the terms we just need someone to help us modify the divorce agreement. my attorney refuses to help me unless i take my ex to court, he says he doesnt want his name attached to such a ridiculous deal! which makes no sense to me as it will be a costly process and there is no need for this as we both agreed to the new terms

is there any way that we can do this on our own? or if anyone can refer me to an attorney in lee county cforida that can help me at an affordable cost

 

[Just Blue]

What is the name of your state? What is the name of your state? florida

Hello everyone, I got a divorce 13 years ago and my husband and i decided to modify the divorce agreement in exchange for the alimony that he never paid me. so we agreed on this, and i called my divorce attorney he wants to charge me $5000 deposit and $350/hr he suggests taking my ex to court and having him pay me the alimony that is owed which is $360,000.. neither of us want court issues as we agreed on the terms we just need someone to help us modify the divorce agreement. my attorney refuses to help me unless i take my ex to court, he says he doesnt want his name attached to such a ridiculous deal! which makes no sense to me as it will be a costly process and there is no need for this as we both agreed to the new terms

is there any way that we can do this on our own? or if anyone can refer me to an attorney in lee county cforida that can help me at an affordable cost

What is the modification you and your ex want to make?

We don't make attorney referral here, but you can contact the Florida Bar Association for a referral or five.

The Florida Bar

 

[Helpmeee]

he wants me to keep our house 100% in exchange for the alimony that he never paid me. so basically we are agreeing on me keeping the house and removing the alimony

 

[adjusterjack]

I don't see any need for a lawyer, or for any modification of the divorce decree, or any court proceedings at all.

He owes you $360,000 in past alimony (plus lots of accrued interest, actually).

How much money is he willing to give you?

How much are you willing to accept?

Once you and he agree on a figure and he presents you with a cashier's check for that amount, a simple written agreement memorializing the settlement should suffice and each of you keep a copy in your permanent files.

OK, that's one way. Now that I've seen your comment about the house.

Who has been paying the mortgage the last 13 years? How much equity is in the house? Is it worth it to you to take if if you have to keep making mortgage payments? If it's OK with you, all it takes is a quitclaim deed and, again, a simple written agreement that you get the house in lieu of the alimony owed.

Again, no lawyer, no court, just between the two of you.

 

[Helpmeee]

Thank you so much..hes been living at the house for the past 13 years and paying the mortgage which was only $1000, but we agreed that he would pay me alimony $3000 a month which he never did, so the house is still under my name but since i bought it while i was married he was going to get half of the proceeds when i sold it but he decided to give up on it in return for the alimony,, what forms do we need to get in order to make this legal? do we just write up an agreement and take it to the court.

 

[zddoodah]

is there any way that we can do this on our own?

Sure. You could also find a different attorney if your current/former attorney doesn't want to become involved again. That said, I'm inclined to agree with "adjusterjack" that neither an attorney nor a modification of the divorce decree is needed. If all that's happening is that you're waiving past-due alimony in exchange for title to the home, all that's needed is for him to execute a deed. Of course, there may be issues with the mortgage (unless it's still in both names). From his perspective, he should want something enforceable to document the waiver of alimony, but he can pay for a lawyer if he wants that.

or if anyone can refer me to an attorney in lee county cforida that can help me at an affordable cost

Google "lee county florida family law attorney." Call a handful of them and ask about consultations. Hire one with whom you feel comfortable.

 

[adjusterjack]

Thank you so much..hes been living at the house for the past 13 years and paying the mortgage which was only $1000, but we agreed that he would pay me alimony $3000 a month which he never did, so the house is still under my name but since i bought it while i was married he was going to get half of the proceeds when i sold it but he decided to give up on it in return for the alimony,, what forms do we need to get in order to make this legal? do we just write up an agreement and take it to the court.

Please answer the following:

1 - Your name is the only name on the deed from when you bought it? Do not answer from memory. Read the deed. Get a copy from the county if you don't have one.

2 - Your name is the only name on the mortgage? Again, do not answer from memory. Read your mortgage papers.

A mistake in the answers to 1 and 2 could be fatal (metaphorically).

3 - How much equity is in the house?

You figure that by taking the current market value minus the loan balance for an approximate amount.

You can get an approximate market value from Zillo. Close enough for the moment.

You can get the loan balance from the mortgage company.

 

[Ohiogal]

What is the name of your state? What is the name of your state? florida

Hello everyone, I got a divorce 13 years ago and my husband and i decided to modify the divorce agreement in exchange for the alimony that he never paid me. so we agreed on this, and i called my divorce attorney he wants to charge me $5000 deposit and $350/hr he suggests taking my ex to court and having him pay me the alimony that is owed which is $360,000.. neither of us want court issues as we agreed on the terms we just need someone to help us modify the divorce agreement. my attorney refuses to help me unless i take my ex to court, he says he doesnt want his name attached to such a ridiculous deal! which makes no sense to me as it will be a costly process and there is no need for this as we both agreed to the new terms

is there any way that we can do this on our own? or if anyone can refer me to an attorney in lee county cforida that can help me at an affordable cost

Is there a mortgage owned? What is the agreement for the payments that he will make? How is that going to be handled? If it is outright owned (no mortgage, no money owed to anyone for it), why hasn't he signed a quit claim deed?

 

[Bali Hai Again]

he wants me to keep our house 100% in exchange for the alimony that he never paid me. so basically we are agreeing on me keeping the house and removing the alimony

Seems a bit perplexing that he never paid you alimony for 13 years and you acquiesced all those years. Now for some unknown reason he wants to make good on the alimony and give you the house rather than maintain things as they were for the last 13 years. How did the house fair during hurricane Ian?

 

[stealth2]

I think @Helpmeee 's ex wants to give her his share of the house *instead* of the alimony owed.

 

[Bali Hai Again]

I think @Helpmeee 's ex wants to give her his share of the house *instead* of the alimony owed.

I am aware of this. Ex has “never” complied paying alimony for 13 years, and, with no repercussions from the OP who apparently accepted that. Why would he be worried about that now? Why not continue to pay zero alimony and keep the house?

Also OP may be challenged in the math department: $3k/mo = 36k/yr x 13yr = $468k and not $360k.

 

[bcr229]

Also OP may be challenged in the math department: $3k/mo = 36k/yr x 13yr = $468k and not $360k.

Plus interest. Maybe the attorney thought this was "such a ridiculous deal" because he did some investigation and found out the equity in the house isn't even close to the amount owed to the OP.

 

[Bali Hai Again]

Plus interest. Maybe the attorney thought this was "such a ridiculous deal" because he did some investigation and found out the equity in the house isn't even close to the amount owed to the OP.

Yep, a $5k retainer at $360/hr attorney fee is peanuts to recover that much money plus she owns 1/2 the house equity. Maybe there is a huge gold vein under the house that only she knows about.

 

[quincy]

Property insurance should be considered in the figuring, as well. Florida homeowners are looking at increased property insurance rates of 40-60% this year.