Post-Divorce Alimony Abatement/Reduction
After a marriage of 25+ years, my ex left me and two daughters. Florida divorce was final September 07 w/Final Consent Judgment. Ex to pay permanent alimony of $1500/mo and child support. My issue: ex has been unemployed as a VP since April 08 and is going back to court to ask for reduction/abatement of alimony. He is 59 1/2 and he says he has no hopes of becoming employed?? After 10+ years with his employer I'm certain he got a decent severance package and I know that he has his 401(k) account.
The entire $1500 alimony (plus some out of my pocket) I use to pay the first mortgage on the marital residence per FCJ, which is currently on the market. He is responsible for 2nd = $350. I live in the house with a minor child and because he refuses to reimburse or come out of pocket even though the agreement says he must, I pay for all repairs and maintenance and upkeep on the marital home - which is difficult to do on my salary.
If he receives even a reduction in alimony, I will not be able to make the mortgage payments and we will lose the house to the bank. What are the chances the Court will allow the reduction/abatement? I don't want to lose the house - over $100k equity. Are there any precedents I can refer to? Is a Final Consent Judgment modifiable when it states that he has agreed to pay permanent alimony unless death by either party or upon my remarriage? I thought an agreement was an agreement? Any input or insight is greatly appreciated. I know I will need to get an attorney once I am served or if I am served, but I'm having a lot of sleepless nights wondering if he is going to get the better of me again; if I should start looking for a second job or make the kids give me their paychecks.
Thanks! :o