QUESTION
What is the best option if you cannot pay alimony and legal counsel?
Asked on Nov 07th, 2013 on Divorce - Florida
More details to this question:
A friend's father living in Florida is required to pay alimony to his ex-wife (also living in Florida). At the time of the judgement (5+ years ago) he had a steady job and was making good money. He has since lost his job and accumulated debt (was self employed and company went under). He has been unable to make payments for some time and is now facing 100 days in jail. He has not been able to afford legal counsel. What can he do if he does not have the money to pay? What are his options? Would moving across states buy him some time?
5 ANSWERS
John Arthur Smitten
You have to file at least something with the court to ask that it be lowered.
Answered on Nov 12th, 2013 at 11:05 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Many counties and cities in Florida have a legal aid organization and a local Bar association, who may be able to provide pro bono or low-cost legal assistance, or can refer your friend's father to a local attorney who accepts case pro bono or at low-cost or on a sliding scale ability to pay basis. He needs to file a petition for modification of his alimony obligation, and should do so as soon as possible. Generally, if awarded, relief is not provided retroactively, but only from the date of filing forward.
Answered on Nov 08th, 2013 at 3:40 PM
Alimony Attorney serving Key West, FL
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Sheri Smallwood Chartered
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He needs to file a Supplemental Petition to Modify the alimony obligation. In it he would explain how his circumstances have changed. Moving out of state is not the thing to do.
Answered on Nov 08th, 2013 at 3:40 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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He needs to file a Petition to Modify Child Support/Alimony. Depending on the Judge he should plan on jail time.
Answered on Nov 08th, 2013 at 3:39 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The best option might be to move to temporarily suspend or to file a petition for modification.
Answered on Nov 08th, 2013 at 11:02 AM