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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 awarded at time of... Read more »

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...
Read 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 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... Read more »

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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 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... Read more »

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