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

Q: I would like to know what it means to say that one is protected by affirmative defense of detrimental reliance.

I had agreed to forgo payment for one of my children's monthly insurance , with the understanding that my ex stop threatening to take me back to court. My job situation has changed and I am currently paying health insurance for both children. I am asking him to pay his half as it was originally agreed to in our divorce decree.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Detrimental reliance means that one person changed their position because of what the other person did. In your case, you agreed that your ex wouldn't have to pay part of the insurance because he promised not to take you back to court. Depending on what it is that he was threating to go to court about, he could argue that he relied on that to his detriment. But it is unlikely that promising not to do that would be considered detrimental reliance on his part.

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