27 years of Alimony

[kissme]

My father has been paying alimony to my mother, faithfully, for 27 years.  He’s never missed a month or even been late. 
On 02/24/06, he fell & hit his head and has suffered some trauma to his brain which effects his memory and speech.  His current wife has Power of Attorney and as I understand it is responsible for taking care of his financial obligations and acting in his “best interest”.  She does not have a history of being the most “stable” person, by his own admission but he still chose her as P.O.A.  (Obviously she knows about the alimony)
That being said, my mother called her last week and reminded her of the check and told her that she would need it by the 15th (it’s due to her on the 1st of the month) and his wife just made the sound for which there is no spelling.  (Sort of a moan of agreement.)
If my mom doesn’t get a check by the 15th, which I doubt she will, do we need to hire an attorney or can we go to the clerks office with a copy of the judgment and an application for writ of garnishment?  He is a co-owner of a small company here in town.
My mother lives well below the poverty line and I would be the one paying for an attorney.  We are located in Escambia County.   

[Lee Borden]

My assumption would be that if you file for enforcement, New Wife will seek a dramatic reduction in the alimony. I know I would if I were she.

I don't know what options your Mom has. If her Ex can't continue to earn income, he can't keep paying alimony. Seems like a textbook case of a material change in circumstances.

I think if I were you, I would visit with a good family lawyer who knows the judges in your area and ask to buy an hour of his or her time. Just ask the lawyer to treat you as the client rather than your Mom. Then you can ask your questions and get straight answers for them.

[kissme]

He is still receiving a check, but I agree about the change in circumstance issue.  He's pretty "well off:, without his income.  Thanks for the info.

[kissme]

Let me ask a more simple question.  Technically, is the petitioners PoA "required" to pay the judgment or not?

[Lee Borden]

I think you're asking whether the wife of an alimony payor who has the payor's Power of Attorney owes a duty to the alimony recipient to pay alimony, and the answer is no. The wife of the payor owes a duty to the payor to protect his interests, and that may be by paying his obligations or by not paying them, but the duty is owed to the payor, not to the alimony recipient.

[kissme]

Just an FYI....
To my surprise my mom received a check in the mail Saturday.