Permanent Modification of Alimony

by Moises from Miami, Florida, Miami-Dade County

Permanent Modification of Alimony: I am in arrears for my alimony payments due to a sudden loss of my job. I am currently still unemployed, but have managed to sell a few items in garage sales (recommended by the court).



Because ex had a motion of contempt. Now I find my self almost in the same situation, no work no money no more items for garage sales. I still have two more months to pay the arrears scheduled to be paid February and March.

This month of January, I will not be able to pay, due to my economical standings. Please help me by indicating, what forms I need to submit to the court by the end of this month to prevent me in getting into deeper problems.

Then eventually I will need to Motion for Permanent Alimony Modification. I write to you because I cannot afford a lawyer.

Answer to Florida Divorce Question

Dear Moises,

In theory you cannot be held in contempt of court for nonpayment of a debt unless your nonpayment is voluntary.

In other words, if you do not have the ability to pay, then your nonpayment is beyond your control.

Having said that, the court must be made aware of the facts.

You can file a Supplemental Petition for Modification of Alimony, Form 12.905(c), and request that the court modify your alimony; or relieve you of the obligation to pay it at all.

The Supplemental Petition form and others can be found on the Florida Supreme Court's website, www.flcourts.org. Be sure to file a Financial Affidavit along with your petition to show the court your current income and expenses.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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