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


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.

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