My ex-husband lives in Pennsylvania. Our divorce was finalized in Florida three years ago. He was ordered to pay alimony bas...

Full question:

My ex-husband lives in Pennsylvania. Our divorce was finalized in Florida three years ago. He was ordered to pay alimony based on the number of years we were married (25) and the fact that through most of those years I only worked part time. He has not paid alimony since January of this year. Is there anything I can file myself to force the issue without having to procure the services of an attorney?

  • Category: Divorce
  • Subcategory: Spousal Support
  • Date:
  • State: Florida

Answer:

The Uniform Interstate Family Support Act of 1996 (UIFSA) provides for the following types of proceedings to be brought: 1) establishment of an order for spousal support or child support; 2) enforcement of a support order and income-withholding order without registration; 3) registration of an order for spousal support or child support of another state for enforcement; 4) modification of an order for support issued by a tribunal of the forum state; 5) registration of an order for child support of another state for modification; and 6) determination of parentage. All states have enacted legislation providing for domestic enforcement of support obligations in respect to dependents that live in a foreign state. Nearly every jurisdiction has adopted some form of Uniform Support of Dependents statutes, and at present all states have quite similar laws.

The Revised Uniform Reciprocal Enforcement of Support Act RURESA and UIFSA provide that the duties of support applicable under the act are those imposed under the laws of the state where the person owing the duty of support was present during the period for which support is sought. These Acts provide that all duties of support, including arrearages, are enforceable by action irrespective of the relationship between the person owing the duty and the person to whom the duty of support is owed.

I am preparing a generic Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State for the USLF website and it should be online by May 21.

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

After 20 years of marriage, a spouse may be entitled to alimony, which can vary based on several factors, including the length of the marriage, the financial needs of the receiving spouse, and the paying spouse's ability to pay. In Florida, for example, longer marriages often lead to greater alimony awards. The court considers the standard of living during the marriage and each spouse's contributions to the marriage, including non-financial contributions. Ultimately, the specifics depend on the circumstances of each case.