Asked in Divorce for Florida

Q: How do I stop alimony wage garnishment after my ex-spouse was re-married.

I was divorced in 2013 in Duval County and I now reside in another state. I have a wage garnishment for alimony. The final judgement is clear that alimony stops when my ex-spouse remarries. My ex-spouse does not contest this and was re-married. The family law department at Duval courts has told me and my ex-spouse that to stop a wage garnishment that she has to submit a modification of alimony, pay some fees and that I have to be served a summons to appear at court. Is this really true? If so that is extremely inefficient. If an ex-spouse is married again it should be automatic. At worst either party should approach the court with a marriage certificate or information the order rescinded.

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1 Lawyer Answer
Mr Eric Klein
Mr Eric Klein
  • Boca Raton, FL
  • Licensed in Florida

A: That is true. You must file a motion to terminate alimony and have the judge issue an order. Good luck!

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