Clermont, FL asked in Divorce for Florida

Q: I divorced my husband in Florida after 21 years of marriage. He currently pays me permanent alimony.

When alimony is stipulated wrong, can it be corrected or adjusted afterwards, or do I have to wait until the clause for revision is met. My kids are 16 and 10 yrs old. The clause in our divorce states that a revision of alimony will be made once both children are 18 or older. Do I have to wait until then or can I have a revision done sooner. Is there a statute of limitations from the moment we finalized the divorce?

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1 Lawyer Answer

A: You need to read the final judgment/ marital settlement agreement to see if the alimony award is "modifiable" or "non-modifiable." If non then you are stuck with what the agreement says. Otherwise you can return to court on a petition for modification but you will need to show a "substantial change in circumstances" since the alimony award was made. This can be a complex legal issue so speak with a local family lawyer for more specific advice.

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