Trenton, FL asked in Child Support, Divorce, Family Law and Child Custody for Florida

Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we were married. Can she be rewarded alimony, etc? Can the alimony waiver be appealed?

2 Lawyer Answers
Pamela J. Fero
Pamela J. Fero
Answered
  • Divorce Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

1 user found this answer helpful

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.

1 user found this answer helpful

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