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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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May 08, 2011

Question:divorce lawyer Maura Cunningham

Can my ex-wife take me back to court after our five-year non-modifiable alimony agreement ends in order to continue receiving spousal support?


May 04, 2011

By Andrea Johnson

Attorney, Cordell & Cordell

college child supportBecause the courts typically consider children to no longer be minors beyond the age of 18, the courts cannot order a parent to pay college expenses.

This is because the courts cannot in their discretion order support for an adult.

Parties can, by agreement, include provisions that provide for the payment of college expenses, though.

However, if such a provision is included in a divorce settlement, it is not a modifiable provision.


Sep 09, 2010

By Matt Allen

As editor of DadsDivorce.com, I read through every question submitted to the divorce lawyers of Cordell & Cordell through our popular Ask a Lawyer feature. A recurring theme is people wanting to know how they can get out of paying non-modifiable alimony (or maintenance) that they agreed to in the divorce decree.

Particularly in this rough economy, many people have lost their jobs and are stuck paying an amount of alimony that they no longer can afford. So why agree to non-modifiable alimony in the first place?


Nov 29, 1999

Question:

I divorced in Nov 2003. Even though the final decree doesn't have the correct dates, it does say that I should pay 1800.00 per month in alimony to my ex-wife and it is non-modifiable. I was making 70,000 per year when that was decreed and it was that amount because my ex-wife was making the house payment of 1100.00 per month- my lab closed and now I am making less than 40,000 and the house sold. I have filed a petition to reduce alimony but an attorney said I shouldn't bother because it has non-modifiable in it. What should I do??? I pay my entire paycheck to my ex-wife and all my children are over 21. Help please!!!!! I have never missed a payment in almost two years; however, my retirement account is now empty because of it. Thank you, Rick

Answer:

Answer: I cannot answer your question directly to the laws of Florida as I am not licensed in that State. Based upon the information give, I would agree with the attorney that you consulted. If the alimony (also known as maintenance in some jurisdictions) is non-modifiable, your financial status nor her financial status can affect the maintenance amount. Many jurisdictions have the maintenance terminate upon death of either party or remarriage of the party receiving maintenance, even in cases designated as non-modifiable.

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