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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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Modifying Alimony

What Is Modifying Alimony?

Can I get the court to permit termination of my alimony obligations? The reason I ask is because I was made to pay alimony to my ex-spouse, but they are now living with someone else who is providing financial support to them.

The answer depends largely on the type of alimony awarded to your ex-spouse. If it was a modifiable alimony, then it is possible that your request can be granted. These alimonies can be modified if the party receiving the alimony has remarried, the party paying it has experienced a significant change in income, or either party has passed away.

What Are The Different Ways Of Modifying Alimony?

Types of modifiable alimony include periodic, permanent and rehabilitative alimonies. The key is these are only modifiable as long as there is no provision expressly stating they are not. If your alimony, however, is considered lump-sum alimony it is a property right versus support enforced by contempt, meaning it cannot be modified.

An ex-spouse receiving payments in the form of alimony who were living with another person contributing to their finances was once not considered a person deserving of having the alimony payments terminated. This has changed due to Fla Statute 61.14.

Modifying Alimony: Whats My Status?

When determining the relationship between the person receiving the alimony and another person besides the ex-spouse, the term obligee is used. This term describes the person who receives the alimony, not the person with whom they are in a relationship.The statute indicates a termination of alimony is possible if specific written findings are discovered by the court after the divorce that any paid alimony is going to an obligee who is in a relationship with someone supporting them. It is also the court’s discretion to reduce the amount you must pay modifying alimony.

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