QUESTION

Can I have my alimony case transferred to a state that my ex or I move to in order to get it modified?

Asked on Sep 25th, 2012 on Divorce - Massachusetts
More details to this question:
My case is in Florida, where I am stuck paying permanent alimony after 15 years of marriage but Massachusetts just made wonderful changes to their alimony laws.
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2 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Perhaps, if both parties live in the state you want to transfer to. But you cannot utilize recent changes in the law to try to get the alimony lessened, there must have been a substantial change in circumstances that is involuntary and permanent.
Answered on Sep 28th, 2012 at 11:20 PM

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Stephen P. Kelly
The Massachusetts Probate and Family Court would first have to have personal jurisdiction of both you and your former spouse. Jurisdiction can be a complicated issue, but in most cases that means both of you have to reside in Massachusetts. That said, simply because a Massachusetts court is reviewing your Florida divorce judgment for potential modification does not mean Massachusetts law will apply. In fact, unless both parties are domiciliaries of Massachusetts, a Massachusetts court "may modify and alter such foreign judgment, decree, or order only to the extent it is modifiable or alterable under the laws of such foreign jurisdiction." G.L. Ch 208, sec 37. In other words, the Massachusetts court would apply Florida law. A Domicilliary is one who has a physical presence in the state and intends to remain here as a permanent resident. That is, a person who maintains his principal residence in Massachusetts . For instance, if you moved here, but maintained a residence in Florida to avoid state income taxes, Massachusetts likely would not be considered your place of domicile. If both of you can be considered domicilliaries of Massachusetts, then the Massachusetts courts can apply Massachusetts law to a modification. However, you still will have to prove that there is a material change in the circumstances of either you or your former spouse since the entry of the Florida judgment.
Answered on Sep 28th, 2012 at 12:08 PM

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