Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Podolsky
1 Answer | Asked in Divorce for Florida on
Q: Can ex-wife ask for alimony after divorce is final with alimony waiver on the Marital Settlement?

Hello,

My divorce is final since Feb 2018 and now my ex-wife is asking me for alimony even though we signed a Marital Settlement Agreement where "both parties waive the right to alimony". She was the petitioner.

I understand that in Florida "if no alimony is... View More

Matthew Podolsky
Matthew Podolsky
answered on Apr 14, 2019

Generally, if alimony is waived and the final judgment has been entered alimony should not be awarded. Further, if the final judgment was entered over a year ago the options to reopen the case would be limited.

If your ex-spouse is not complying with the terms of the Marital Settlement...
View More

3 Answers | Asked in Bankruptcy for Florida on
Q: I have read that if your credit card debt and mortgage are from the same bank, that bankruptcy will not protect me from

a lien being placed on my home. Homestead doesn't apply. Is this true?

Matthew Podolsky
Matthew Podolsky
answered on Apr 14, 2019

That is not necessarily true. Generally, a Chapter 7 bankruptcy discharge removes your personal liability on the debt. Keep in mind, the discharge does not remove liens from property. Therefore, you may no longer have any personal responsibility to pay back the debt but a lien can still remain on... View More

View More Answers

3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Matthew Podolsky
Matthew Podolsky
answered on Apr 14, 2019

Yes, but is likely not a good idea. If the foreclosure sale does not yield enough funds to pay the mortgage in full your mother may be sued by the bank to pay the remaining balance. There are usually much better options for a homeowner than simply walking away. For instance, a short sale, deed in... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.