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I have a good friend (a guy, I'm a girl) who has just gone through a horrific divorce in Florida. He has been ill with a serious heart condition since a week or two before his wife tossed he and his 78 year old, ill (alzheimer's) father out of their home. She filed for divorce. Because he was ill himself, taking care of his father was impossible alone. I have 10+ years experience in home-health care, so I agreed to move here to help out. We have a platonic relationship; the court did not see it that way (the judge actually said BEFORE close of testimony that it was her opinion that he'd quit his job and moved out of state to "go play in the woods with his girlfriend") and though Florida doesn't find fault due to adultery (we weren't that kind of friends), it still created a problem. They were not wealthy; they owned a nice home debt free, four nice vehicles, etc., but had less than $400,000. in total assets. She dragged this out so bad...she asked for everything plus $2500.00 a month in permanent alimony, claiming my friend was not currently working of his own volition, when in fact he can not due to heart failure and two surgeries for the problem. He's filed for SSD, no answer yet. The final hearing came and went. The judge found that because he's not working and living with his father, that his father's assets are to be counted as my friend's, that their home (his half was $150,000. or so) was to be given to her (as a partial lump-sum alimony?), and that he would pay $1. per month in alimony...so that she could reopen the case later and go after him should he "get a job"... Well, the wife went ballistic and has filed a Motion for Rehearing/Reconsideration. She wants the alimony and has tried to convince the judge that my friend CAN work (he cannot...I've become HIS caregiver in-home as well as his father's...) !! My question is, how often will a judge change their mind and give in to the request? He's so upset now that his heart is a mess and I'm afraid he's going to have a hospital visit soon if he doesn't calm down.
My husband is on SSDI for heart problems. He had a quadruple bypass at the age of 38. He has also had a stroke and at least 2 heart attacks. He had a balloon treatment just before we got married in 2005.
I am not sure how often a judge will overturn a ruling based on a Motion for Reconsideration. I have only experienced this once. My ex tried to stop paying alimony when I re-married (it specifically states in our divorce decree he is to pay me XXX/month for 60 months-there is no mention of re-marriage or co-habitation AND the amount per month is pretty small). Anyway, he lost his case, he had to pay all the arrears, continue to pay all the payments AND pay my legal fees. My lawyer called it a "slam dunk". He was not happy. So he put in a Motion for Reconsideration stating the judge "misunderstood" the situation. I imagine the judge was pretty pissed by this. His motion was emphatically denied.
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