| RunningScared |
| (recently joined) |
| 02/28/07 01:25 AM |
Alimony after Divorce is Finalized?
|
My ex keeps throwing in my face that she can take me to court and get alimony at any time. Is this true? Our divorce has been finalized for well over a year and we were married for 7 years. We live in California.
| madalex |
| (enthusiast) |
| 02/28/07 07:11 AM |
|
Re: Alimony after Divorce is Finalized?
|
I don't know about CA law, but what does your decree say? If she waived spousal support on a non-modifiable basis, she can't take you back to court for that now.
More importantly, why are you even talking to her about this? When she brings it up, hang up the phone or walk away.
| Gecko |
| (Carpal \'Tunnel) |
| 02/28/07 07:37 AM |
|
Re: Alimony after Divorce is Finalized?
|
If alimony was not addressed in the Decree...then she is SOL.
Next times she says something...simply say "uh huh" and walk away.
| Susanf31 |
| (Carpal \'Tunnel) |
| 02/28/07 08:58 AM |
|
Re: Alimony after Divorce is Finalized?
|
I've heard of many decrees that leave the issue of alimony wide-open to be revisited. If you have one of those decrees, then she is correct. If you don't, then she's wrong.
| Debbie_L |
| (Pooh-Bah) |
| 02/28/07 11:34 AM |
|
Re: Alimony after Divorce is Finalized?
|
The marriage was only 7 years, and the divorce was a year ago? I'd tell her "Good luck" and walk away laughing. I'm not a legal professional though, so I guess I would be talking to a lawyer (free consultation) first - then laugh at her.
PS - Why do you talk to her? Do you have children together? If not tell her to F___ off and don't talk to her. If you do have kids, refuse to talk about anything other than child related issues.
| Susanf31 |
| (Carpal \'Tunnel) |
| 02/28/07 11:42 AM |
|
Re: Alimony after Divorce is Finalized?
|
My ex keeps throwing in my face that she can take me to court and get alimony at any time.
+++++++
The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree.
| madalex |
| (enthusiast) |
| 02/28/07 12:08 PM |
|
Re: Alimony after Divorce is Finalized?
|
[quote]The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree. [/quote]
I can think of plenty of other reasons why an ex-spouse would continue to bring such an issue up, regardless of what the decree says.
| Gecko |
| (Carpal \'Tunnel) |
| 02/28/07 12:20 PM |
|
Re: Alimony after Divorce is Finalized?
|
The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree.
---> ROFL Maybe she's like you Susan...figures that since she WAS married to the guy she's got a lifetime entitlement to butt in his life.
---> The fact is...if she REALLY could go back and milk the cash cow...she would.
| RunningScared |
| (recently joined) |
| 02/28/07 11:03 PM |
|
Re: Alimony after Divorce is Finalized?
|
I just re-read my papers and she did waive alimony; aditionally, she has a notorized document she signed saying she waive alimony for eternity. To answer your questions on why she brings it up and why I take it, well, we Have kids together the kids live with me and we are supposed to 50/50. We are current 90/10 occasionally she has a good month and does 75/25. I have had the kids for almost 2 years. I have handled all the financial burden and all the leg work. I am thinking about relocating out of state. I was curious on my chances. Since she hasn't been living been keeping up her end. But this is really for
| Susanf31 |
| (Carpal \'Tunnel) |
| 03/01/07 09:49 AM |
|
Re: Alimony after Divorce is Finalized?
|
So, you've had the kids 90/10 for 2 years and never went back to court to get your custody arrangment changed to reflect that? Big mistake on your part.
have you been documenting her absences? Because with 50/50 custody the odds of you being able to move out of state with the kids are slim UNLESS you can prove she's been a absentee parent.
| Gecko |
| (Carpal \'Tunnel) |
| 03/01/07 11:33 AM |
|
Re: Alimony after Divorce is Finalized?
|
So, you've had the kids 90/10 for 2 years and never went back to court to get your custody arrangment changed to reflect that? Big mistake on your part.
---> Why a "mistake"...for some people the kids are more important than court orders.
| Gecko |
| (Carpal \'Tunnel) |
| 03/01/07 11:43 AM |
|
Re: Alimony after Divorce is Finalized?
|
I am thinking about relocating out of state. I was curious on my chances.
---> Depends on what your state laws say in regards to it. I would consult with an attorney with specializes in Family Law (take your Decree with you) and find out where you stand. Be prepared to explain your reasons for the move, how the move is in the best interests of the child(ren)...especially since you are moving them from the other parent and have a proposed Parenting Plan.
---> Even though she may not be "involved" now...you need to be prepared that as soon as you inform her of the proposed move, that you're in for one hell of a fight because you're trying to take HER child(ren) away from her!
| Susanf31 |
| (Carpal \'Tunnel) |
| 03/01/07 11:56 AM |
|
Re: Alimony after Divorce is Finalized?
|
---> Why a "mistake"...for some people the kids are more important than court orders
+++++++
Because I think it's important when parents have 50/50 "on paper" but no where near that in real life, that they get it's accurately reflected on legal documents. Otherwise, you run into problems that this guy is going to have.
You have an absentee mom in real life, but an involved, 50/50 mom legally.
| Debbie_L |
| (Pooh-Bah) |
| 03/01/07 12:45 PM |
|
Re: Alimony after Divorce is Finalized?
|
Even if it were written as 90/10 I think she could still make it difficult for him to move away. The NCP should have a right to stop a move out of state (IMO) as long as they are an involved parent, even if it's not 50/50.
| Gecko |
| (Carpal \'Tunnel) |
| 03/01/07 01:16 PM |
|
Re: Alimony after Divorce is Finalized?
|
Because I think it's important when parents have 50/50 "on paper" but no where near that in real life, that they get it's accurately reflected on legal documents. Otherwise, you run into problems that this guy is going to have.
---> What is "on paper" has NO real effect on move-aways. You could have an NCP who "on paper" ONLY has 70/30 and yet is very involved with their child(ren) and thus effectively put a stop to relocating said child(ren).