[gapeachhk]

My boyfriend just got divorced January 19, 2007 in FLORIDA, he is a US Marine that has been put threw the ringer, He is in Iraq right now so I'm trying to help him out. In his "final judgment of dissolution of marriage" it states specifically: Pursuant to the Marital Settlement Agreement,The petitioner (ex-wife) shall have possession and of the marital home. The respondent (my boyfriend) shall execute a quit claim deed within 30 days of the entry of this final judgement of dissolution of marriage in order to convey his interest in the above described real property to the petitioner (exwife). If the respondent (my boyfriend), fails to do so, this final judgment of dissolution of marriage shall have the effect of a duly executed conveyance pursuant to Fla.R.Civ.******** and the subject property shall be transferred by operation of law to the petitioner(exwife), upon expiration of the appeal period of this Final Judgment, and all interest of the respondent (my boyfriend) shall be vested 100% in the name of the petitioner (the) and she shall become sole owner thereof for all legal purposes.

Okay my questions are:
#1. Does this mean he can MAKE her remove his name off the mortgage loan for this house? Basically is this what that part means-that she's responsible. I know there is a deed issue and a mortgage issue. At this time both names are on the loan. He thought that this took care of it but he told me she has 3months to refinance in her name?
#2. Does he need his "Separation paperwork" to really know his rights on this situation?
#3 Who does he need to contact to make sure she refinances this house. He lives in NC but the divorce and the house resides in FL.
#4 Since he got screwed so badly through the divorce, can he redo the divorce agreement within a year of filing? She cheated on him but yet in FL there is a no-fault issue so he basically walked away with a sea-bag and he was married for 10 years and has an 8 year old daughter.
#5 Can he go in and readjust the child support. He pays 850- first payment due May 1, 2007. Two weeks after the child support was figured and the divorce was final the exwife removed the child out of private school. 500 a month was what it cost for the child to be in private, but now she is in public. The child support was based off what the parents make together but so was the private school tuition. He left for Iraq this month and will not return until October. Is there anything he can do to lower the child support?

Please advise any help. He is a man that fights for our country every day and this man went back in after getting out just to help the men in Iraq. I ask nothing more than guidance to keep his exwife from screwing him more than she has. She got the house, childsupport 850/a month, a car paid in full all appliances, everything. I mean just everything. IF anyone can send me a site, a phone number, anything to help him. His divorce agreement does not mention anything about splitting any assets except for the house. We just wondered if we could redo this. He didn't have me in his corner and come to find out he used her paralegal, so now I see that he needs help..

[jkramer]

Talk to Jag

[CCHOPIN]

1. The part of the agreement you quote doesn't mention the mortgage, and so absent another clause requiring her to refinance, the only requirement is that he get off the deed. There's no built in authority to require the refinance, unless its in the judgment.

2. He absolutely needs to carefully review the Final Judgment and any attached settlement agreement to fully understand his rights and obligations. The clerk will usually sell a copy for a dollar a page.

3. If the final judgment requires that she refinance, and the time allowed for it passes, he needs to file a Motion to Enforce with the Court, and it's the judge's responsibility to coerce her to comply with the final judgment.

4. The passage of a year does not invalidate a divorce agreement. In fact, the passage of a year can serve to stop an attempt to set aside a final judgment based on fraud or certain other grounds. However, modification of child support is always possible based on the best interests of the child, same with visitation and any other child related issue. As to the rest, however, Florida's rule is that if you make a bad bargain, but enter into it voluntarily, we hold you to it.

5. Child support, pursuant to Florida Statute 61.30, can always be changed if there is a 50 dollar or 15% difference in the amount that should be paid pursuant to Florida's child support guidelines. This includes inclusion of school/day care expenses, health care, and the like.

Unfortunately, however, a real answer cannot be given for his case until an attorney reviews the paperwork and the facts. I would advise you contact a Florida attorney for information after you obtain a copy of the final judgment and any settlement agreement.