Legal Opinion

Brocker v. Brocker

Salem County Circuit Court

Decided October 23, 2006No. Case No. CL06-298Published

1Opinion of the Court

By judge Robert P. Doherty, Jr.

In this appeal de novo from the Juvenile and Domestic Relations District Court, ex-husband filed a petition to recover funds from his ex-wife that he had paid as alimony beyond the term required by a Florida divorce court. Ex-wife argues that the petition to recover overpaid funds is not a proper petition requesting the termination of alimony; therefore, even if ex-husband is correct in his interpretation of the prior court orders, alimony should not terminate until a proper motion requesting termination of alimony is filed and an order granting that motion…

2Cases cited4 opinions

  1. Newton v. NewtonSupreme Court of Virginia · 1961
  2. Cralle v. CralleSupreme Court of Virginia · 1884
  3. Hubshman v. HubshmanDistrict Court of Appeal of Florida · 1980
  4. Schneider v. SchneiderDistrict Court of Appeal of Florida · 1980

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