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  1. #1
    Why?How? is offline Junior Member
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    Default Can He Just Stop Paying Alimony???

    This is a wonderful, informative website!! Thank you Mr. Iken, you do a lot of great stuff here!!

    So as my title said, former husband just stopped paying permanent alimonyicon. That's it. Just stopped.

    He kept the marital home, I agreed to permanent alimony to cover my housing.

    I have received alimony for only 2 years

    New soon to be ex wife filed for divorce 3 months ago

    My QDRO is in place but he's not retiring

    Soon, very soon, I will have no place to live as I cannot pay my rent

    Ohhhhhhhh......what to do? I have a job that I've worked at for 12 years, they cannot give me more hours, my health won't let me work more hours

    ok....done crying, just very very worried

    What can I do about this?

    Contempt?

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    File a Motion for Contempt, call the judgeicon's office to set up a 1/2 hour hearing, file a Notice of Hearing. The courts are normally willing to enforce alimonyicon payments.

  3. #3
    Why?How? is offline Junior Member
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    Thank you Sir, for you prompt reply to my question and I also wanted to say, thank you for not bashing women who receive alimonyicon unlike another law forum does.

    I did go to the courthouse and filed the contempt motion as well as notice of hearing, actually, the clerk files the notice of hearing when she gets a court date and mails them to both of us. I did send to former husband the notice, via certified return receipt.

    How long does it take for them to provide a date??

    I am in South Florida, you don't happen to have a branch in this area do you?

  4. #4
    Attorney Howard Iken's Avatar
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    Sorry, but our nearest office to you is in Orange County.

    The turnaround time varies drastically by county. I believe the Southeast Florida area has a long delay. But it sounds like you are on the correct path.

  5. #5
    Why?How? is offline Junior Member
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    Hi Mr. Iken !

    I'm back again after 3 months.....I finally got a mediation date in late March, during that time i was notified the ex had obtained an attoney. my thoughts are if he can obtain an attorney he could have paid something towards alimonyicon. digressing though.... i had to dip into my ever dwindling IRA (most has gone to attorneys) to also obtain counsel.

    Question; Is private mediation better than than the court mediators??? I know they sure cost less....I did a google search on the mediator. It seems that she used to be a former family court judgeicon who has had some problems, doesn't get good reviews on her law practice because she's always mediating. She's known to be a man-hater. This is not quite what I wanted to hear.

    Question; ex has STILL NOT FILED to modify all this is stemming from the contempt charges....my current alimony amount is still accruing right?

    Question; I was served with foreclosure papers on a house I don't have and have not lived in for many years. He, even though, i signed the quit claim deed over to him a very long time ago, did not change it. Can I still be held accountable for the past HOA dues??

    needless to say I am a wreck about all of this. I have sold almost ALL of my possesions and now live in a bedroom generously donated to me. HOwever the environement around me isn't healthy at all. My credit is destroyed and I will not be able to pay my taxes this year. Yes, life is hell right now. I really want to give up

    Do I stand even a remote chance?

  6. #6
    Attorney Howard Iken's Avatar
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    HOA dues are against the property - not the person. The dues will come out of anything produced when the property is sold.

    Private mediators are much better (in general). I believe you have it reversed. Private is always more expensive than court programs.

    alimonyicon is still accruing. Until it is changed, it remains in place. Of course, any modificationicon is effective back to the date the Supplemental Petition was filed.

    I would never bash women. I am fiercely on the side of whoever my client is, man or woman. That is the duty of an attorney


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  7. #7
    Why?How? is offline Junior Member
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    Mr. Iken from everything I've read on this forum I would never think you or your law firm would do anything other than represent your client to the fullest!!

    I did mean the private mediator is more costly than court ordered mediators, stress has my words all jumbly.

    Former spouse has not filed for a modificationicon, I filed for contempt due to non payment (5 months now). If we come up with another agreement (the 3rd) would the new agreement be retro-active?

    My QDRO Is already in place based on the former amount of alimonyicon i was receiving, do I have to re-do that as well? I don't want too.....I want that left alone if possible.

    Thank you for your answers, I DO feel better about going to private mediation now, it's set for 3 hours

    Sincerely Mr. Iken if your firm was in my area I would be there in a FLASH!

    1 top notch review coming up!

  8. #8
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    An agreement can be retroactive, or not. You can specify in the agreement whether it is or not. The default (if not mentioned) is not.

    I think you mean an IDO (Income Deduction Order). Yes, that would need to be redone if the amount changed.
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