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Can a Party Ask for Attorney Fees and Costs if They File a Claim That Isn't True?

Can a Party Ask for Attorney Fees and Costs if They File a Claim That Isn't True?

Q: Can my ex just stop paying alimony?

No, your ex cannot simply stop paying alimony without a court order. If they wish to modify or terminate the payments, they must file a motion with the court. The court will review the request, considering factors like changes in income or circumstances. Until a court decides, the original alimony agreement remains in effect.

Full question:

I have proof that I have been making my alimony payments. My ex wife took me back to court claim i was not, I did not appear in court because my work takes me out of town very often and was not able to attend the court dates that were set. Anyway she ends up with this large attorney fee and wants me pay the bill. I did not hire an attorney she did. There was no need for an attorney because I have proof that I had been paying her the amount the court ordered.

Category: Contempt
Date: 04/07/2025
State: Florida

Answer:

Court costs include filing fees, charges for serving summons and subpoenas, court reporter charges for depositions, court transcripts and copying papers and exhibits. Court costs are often awarded to the successful party in a lawsuit.

Although laws vary by jurisdiction, a judge usually has discretion to order the a party to pay the opposing party their court costs when the party so ordered puts forth an action, claim, defense or appeal that is frivolous, groundless in fact or in law, or vexatious, or put forth for any improper purpose, including, to cause unnecessary delay or needless increase in the cost of litigation.

Please see the following FL Rule of Civil Procedure:

Rule 1.525. Motions for Costs and Attorneys' Fees
Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to pay alimony if you lose your job?

If you lose your job, you should promptly inform the court and your ex-spouse about your change in financial circumstances. You may request a modification of your alimony payments based on your new income level. It's essential to document your job loss and any efforts to find new employment. Until a modification is granted, you are still obligated to pay the original alimony amount unless the court orders otherwise.

Can my ex just stop paying alimony?

What happens to my alimony if my ex loses his job?

If your ex loses their job, they may seek a modification of the alimony payments due to their reduced income. The court will evaluate their financial situation and may adjust the payments accordingly. However, they must formally request this change through the court, and until then, they are still required to pay the agreed-upon amount.

Can you take your ex back to court for alimony?

Yes, you can take your ex back to court for alimony if you believe there has been a change in circumstances, such as a significant increase or decrease in income. You may also request enforcement if they are not making payments as ordered. It's advisable to consult with an attorney to understand the process and requirements for filing a motion.

How do I prove alimony received?

To prove alimony received, keep detailed records of all payments, including bank statements, receipts, or any written agreements. Documentation showing the amount and dates of payments will be helpful, especially if there is a dispute. If you need to present this evidence in court, having a clear and organized record will support your case.

What happens to alimony if my ex loses his job?

If your ex loses their job, they may request a modification of alimony payments due to their change in financial circumstances. The court will assess their situation and may lower the payments or temporarily suspend them. However, they must file a motion for modification, and until the court decides, the original payment terms remain in effect.