Answer Supplemental Petition for Alimony

by Anonymous from Louisiana

Answer Supplemental Petition for Alimony:
I divorced in May 2008 in Santa Rosa county, Florida. Since then I have moved out of state to Louisiana.

My ex-husband who still lives in Florida has hired an attorney to terminate alimony due to my remarriage in January.

He is also asking for attorney's fees and retroactive credit for alimony payments from January 2010. I live in the state of LA and I do not have any idea how to respond to this petition.

Am I required to answer this supplemental petition? I agree to terminating alimony since it states in our final judgment that alimony will stop at remarriage.

I do not agree that I have to pay his attorney's fees or any back alimony payments since he was well aware of my remarriage and took time to ask for the termination.

Alimony payments are garnished from his paycheck and I have no control over stopping them and he has the responsibility to bear the burden of proof of my remarriage and to ask the Judge to terminate the alimony.

Due to the fact that I live 3 states away, I am not in any position to travel to FL for a court hearing and I would rather the judge just order the termination. If I disagree to his petition for me to pay his legal fees and retroactive alimony will I have to go to court? Thank you for your time!

Answer to Florida Court Forms Question

Dear Anonymous,

First let me point out that it is usually a good idea to seek representation when the other side is represented by an attorney. We do not offer legal advice, and can only provide information based on Florida law.

In general, when you have been served with a petition and especially when you disagree, you need to file an answer to that petition. I expect that it states on the paperwork that you have 20 days to respond.

The 20 days begins from the day after you were served with the papers; and includes weekends, but not holidays.

You are not required to respond, but if you disagree and do not answer and express your disagreement, the petitioner will likely be awarded whatever he requested -- in your case attorney's fees and retroactive alimony.

It is fairly common place now for either side to be heard telephonically.

You must file a motion to appear telephonically with the clerk of the court where the petition was filed.

You should be able to file your Motion for Telephonic Hearing, and your Answer to Supplemental Petition at the same time.

You can use our Petition Preparer service to create a Motion For Telephonic Hearing and your Answer to Supplemental Petition forms to your specifications for as little as $20.00 and we can fill them out for you, too! Just ask us for a free quote.

For more information about procedures for answering a supplemental petition take a look at the Florida Rules of Civil Procedure. The following is an excerpt from Rule 1.110 - General Rules of Pleading:

1.110 General Rules of Pleading

(c) The Answer. In the answer a pleader shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies. If the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial. Denial shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny the remainder.

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