Can my ex-husband abate or reduce alimony because he had his driver’s lisence taken away due to a pending third DUI charge and a demotion?

I have been on SSDI since before the divorce; we were married for 18 years.

Asked on September 21, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What I am assuming is that with out his license there is no job and thus no income for alimony, correct?  In order to reduce alimony there has to be a substantial change in circumstances under Florida law.  Some life changing event.  A loss of a job could in fact be that but it is my understanding that in order to secure a downward adjustment based on a change in income the party seeking relief generally must show that their change in circumstances is permanent (typically lasting or expected to last one year or more) and involuntary.  That could be the key here for you.  In reality if the change is not granted but he has no income you will have to sue for judgements which will last a long time.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.