I think the agreement was entered into the official divorce record, it is actually posted on the clerk of courts website (I have been told, have not located it myself).
Thanks for all of the input, Frankie, Lawtalkingguy and Super9, I really appreciate the information and I know I need to get an attorney.
Than you!
My wife and I were divorced 8 years ago in Florida. Neither of us had legal counsel, she had drawn up an agreement that basically gave her everything plus monthly support that was permanent. I signed the agreement, but was not aware that the payments would continue even if she remarried. Is it possible to have this changed? Can anyone give me links that I could use to research this also. Thank you!
I have no direct legal or personal knowledge but anything can
be challenged or changed in court. The thing is, you need to
get a lawyer - it's crazy to try to navigate this stuff by
yourself. Sounds like she must have had a legal "friend" draw
up that contract.
My brother's wife's ex almost did the same thing - until his
lawyer smacked him upside the head.
I have not sat down across a desk from a lawyer and I know that I need to do that soon. I did contact a person with much more legal experience than I have that indicated that because I signed the agreement and it was an uncontested divorce that the terms would not by changed unless I had a major change in my financial situation such as ... if I was disabled and could not provide the support. I just do not want to pay anymore and when I signed the agreement I was not aware that I would have to continue to pay even after she remarried. Thank you for you input.
You need to talk to a Florida family law attorney. If you want to research this yourself, you can use Westlaw on a per use basis, but it will probably be somewhat expensive unless you know what you are doing.
What you signed is a contract and the basis for contracts is that they are fair to both parties. Most alimony situations arise becuase the ex has no real earning power so the person who earns the money in the marraige is expcected to provide (poor choice of words). Permanent payments (meaning for the rest of your life) are not fair, especially if she remaiiries and has a steady income. You need to speak with a lawyer. You can get a consultation for a small fee and from there decide how to pursue it. It may simply require a strongly worded letter from your lawyer to your ex explaining that now that she has remarried the contarct is null and void. If there is case law then your lawyer can quote that.
BTW, was your agreement entered into the official divorce record or was it a side agreement between you and your ex?
I think the agreement was entered into the official divorce record, it is actually posted on the clerk of courts website (I have been told, have not located it myself).
Thanks for all of the input, Frankie, Lawtalkingguy and Super9, I really appreciate the information and I know I need to get an attorney.
Than you!
Anyone who will do it on the cheap probably does not have much business; if you want to change it, you need the advice of a family law expert, preferable one in the county/city where you will go to court, lots of family law matters a highly subjective, you need someone who is familiar with local judges, how they rule.
Support agreements can be changed if there's a change in circumstances. For chrissakes, GO SEE A LAWYER about this one. Don't try to represent yourself. Look how it turned out last time!