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confusedfldaddy

Junior Member
What is the name of your state (only U.S. law)? fl

My ex wife and I were divorced in 3/2006, separated in 8/2005. We were married in 12/2004 so married a little over a year. At the time of our divorce I was awol, so I let her have what she wanted at the time....I have since taken care of my situation and yes AWOL was close to biggest mistake of my life. We went through a mediator for our final judgement of our dissoultion of marriage. She was given TEMPORARY allimony, as stated in mediation outline. In the outline the child support and allimony were worded in same paragraph. It states how much mother( my ex) is to be paid for each monthly and when it's to be paid. It never states how long temporary allimony is?!? It says "When mother becomes employed, the said child support will continue." It never mentions the allimony again. I paid her a little more than a year, and she said I could stop paying her in 2007, she soon after( at most 2 or 3 months) became employed and has had a couple jobs. She's never mentioned the allimony again. I've paid her child support, and the allimony when paying it, directly to her...I have all bank statements and cancelled checks as proof of that. Now I have recently filed motion for contempt because she hasnt followed the court order( mediation outline, re: our child) and a petition to modify custody because I am remarried, living in a stable home with a stable career, no longer awol and afraid of being arrested in front of my child, and her situation has changed for the worse, with the exception she JUST went back to school. She then filed a counter motion for contempt of non support and non payment of allimony, because it wasnt paid through the state. I would assume she doesnt think I have proof of child support payments and what allimony I did pay, but not 100 percent sure what she thinks. I have an appointment with a lawyer next week but hoping for some insight.....
Does she have a chance at getting back allimony? I would think the mediator unintentionally left out part of the allimony agreement, because I surely didnt agree to support her forever. WHat is the usual definition for temporary allimony????
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? fl

My ex wife and I were divorced in 3/2006, separated in 8/2005. We were married in 12/2004 so married a little over a year. At the time of our divorce I was awol, so I let her have what she wanted at the time....I have since taken care of my situation and yes AWOL was close to biggest mistake of my life. We went through a mediator for our final judgement of our dissoultion of marriage. She was given TEMPORARY allimony, as stated in mediation outline. In the outline the child support and allimony were worded in same paragraph. It states how much mother( my ex) is to be paid for each monthly and when it's to be paid. It never states how long temporary allimony is?!? It says "When mother becomes employed, the said child support will continue." It never mentions the allimony again. I paid her a little more than a year, and she said I could stop paying her in 2007, she soon after( at most 2 or 3 months) became employed and has had a couple jobs. She's never mentioned the allimony again. I've paid her child support, and the allimony when paying it, directly to her...I have all bank statements and cancelled checks as proof of that. Now I have recently filed motion for contempt because she hasnt followed the court order( mediation outline, re: our child) and a petition to modify custody because I am remarried, living in a stable home with a stable career, no longer awol and afraid of being arrested in front of my child, and her situation has changed for the worse, with the exception she JUST went back to school. She then filed a counter motion for contempt of non support and non payment of allimony, because it wasnt paid through the state. I would assume she doesnt think I have proof of child support payments and what allimony I did pay, but not 100 percent sure what she thinks. I have an appointment with a lawyer next week but hoping for some insight.....
Does she have a chance at getting back allimony? I would think the mediator unintentionally left out part of the allimony agreement, because I surely didnt agree to support her forever. WHat is the usual definition for temporary allimony????
Please clarify - did either of you have the order modified when she started working?

(I'm thinking "no", in which case I think you might have screwed yourself unfortunately...but please clarify, k?)
 

Bali Hai

Senior Member
Please clarify - did either of you have the order modified when she started working?

(I'm thinking "no", in which case I think you might have screwed yourself unfortunately...but please clarify, k?)
Why should the order be modified when the order clearly states that the temporary alimony ends upon the ex-wife's employment?

And why should the burden be on HIM to have the order modified when it's the EX-WIFE'S employment status that the temporary alimony is contigent upon??

If OP is "screwed" he surely didn't do it to himself, the screwed up family justice system did it!!
 

Proserpina

Senior Member
Why should the order be modified when the order clearly states that the temporary alimony ends upon the ex-wife's employment?
Because it's not an automatic cessation. The vast majority of orders containing similar language still need to formally modified - the obligation might have ended but the order still stands.

And why should the burden be on HIM to have the order modified when it's the EX-WIFE'S employment status that the temporary alimony is contigent upon??
How bad does OP want to not be screwed any further? That's what it boils down to.
 

Bali Hai

Senior Member
Because it's not an automatic cessation. The vast majority of orders containing similar language still need to formally modified - the obligation might have ended but the order still stands.

Truly amazing.

How bad does OP want to not be screwed any further? That's what it boils down to.
I'll take that as a concession on your part that the system is bias and screws men over.
 

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