| Slave2x |
| (recently joined) |
| 03/28/09 04:31 PM |
alimony
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My husband has been divorced since 2000, he was ordered to pay $2500 monthly.
Judge imputed her an income of $1000 stating in divorce decree that she is a healthy female capable of working.
Now we are in 2009, 8 YEARS later and she is still unemployed and refuses to work.
(she worked in accounts payable before quiting to help raise kids).
Our income has been dramatically reduced, we can barely pay
OUR bills, much less alimony ( while she sits on her ass)
We are going to go to court for a modification order, what are our chances?
What will the judge think of her still not working?
We are in florida
Thanks
| Yes_Dad |
| (Carpal \'Tunnel) |
| 03/28/09 06:07 PM |
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Re: alimony
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Not a lot to be honest unless the alimony was "deemed rehalbilitative matintenance" How much longer do you have to go? My fiear statement was not intended to mean you should go for a moficiation, but it should be based on your income drop. And it doesn't hurt to mention she has not worked.
| finz |
| (Carpal \'Tunnel) |
| 03/29/09 02:29 AM |
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Re: alimony
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Why has your husband's income dropped ?
If he was laid off and only able to find a lesser paying job that would be better for his case than if he voluntarily left a great paying job
| Slave2x |
| (recently joined) |
| 03/29/09 10:28 AM |
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Re: alimony
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It's permanent alimony unless she remarries.
Husband is in the auto industry. We now make about a 4th of what we used to.
| Cinder2 |
| (Carpal \'Tunnel) |
| 03/29/09 11:22 AM |
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Re: alimony
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Isn't the fact that you don't work either part of the problem? How is the poor guy supposed to support all three of you?
| PhoenixRising |
| (Carpal \'Tunnel) |
| 03/29/09 11:32 AM |
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Re: alimony
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It is dependent on what his order says.
If it states "unmodifiable" then it IS unmodifiable.
However, if the order is silent on the issue; then yes, the order is modifiable.
It use to be that judges were reluctant to change another judge's order and successful modifications based on lowered economic circumstances were few and far between.
While unfair, the courts use to think it was reasonable for the owing party to go out and get 2nd and 3rd jobs if necessary.
The economic conditions of the auto industry; is new territory. It will be interesting to hear if it holds sway with the judge.
The fact that he remarried and has new responsibilities will not be a fact in recalculating alimony; the concensus is that he and the new wife knew about the liability and should have made decisions accordingly.
The fact that she was able-bodied but never got a job; will bother you more than a judge. Besides which, you dilute your own agrument by introducing it. It is hypocritical to say, your DH cannot find more lucrative employment in today's market yet you expect her to not only find a job with having no recent work experience but also expect that job to be self-supporting.
The ages of the persons involved and the judicial reasoning in the order justifing permanent alimony will also play a significant part in the outcome of a modification petition.
| Slave2x |
| (recently joined) |
| 03/29/09 11:38 AM |
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Re: alimony
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I work unpaid in my husbands business, if I didn't he would have to hire someone to do the work I do.
With this disability it is getting harder for me to work with him.
I am DISABLED, hardly my fault and husband knew that when we married.
I am NOT the problem, the problem is the EX WON'T WORK.
We have made about 3 thousand dollars in the past 2 months.
S.S is 2,500 per month. You do the math.
| Cinder2 |
| (Carpal \'Tunnel) |
| 03/29/09 11:49 AM |
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Re: alimony
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So your husband owns his own business? I don't know a lot about alimony but isn't it common that the husband owns a business, wife stayed home to help him build it up, then they divorce and he doesn't want to sell the business to give her half the assets, so he agrees to a lot of alimony instead?
Is this what happened in your husband's case?
| Slave2x |
| (recently joined) |
| 03/29/09 12:01 PM |
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Re: alimony
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NO , he dosn't own his own business!!!
At the time of divorce he was employed at a dealership.
Was let go, and went to work with someone who owns their own car lot, but husband is not on a salary, it's on commision base only.
| Miranda |
| (Carpal \'Tunnel) |
| 03/29/09 12:15 PM |
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Re: alimony
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How long were they married for permanent alimony?
| Slave2x |
| (recently joined) |
| 03/29/09 12:18 PM |
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Re: alimony
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18 years, divorced for 8. Paid over 2 hundred thousand dollars to her already.
| Slave2x |
| (recently joined) |
| 03/29/09 12:38 PM |
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Re: alimony
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Husband called her about 5 months ago and told her that
business was off and that she might want to look for a job.
She has yet to look for employment.
We have depleted our savings and are barely making our bills.
We haven't been able to pay her the full amount of alimony for a couple of months.
Seeing an attorney this week. Just want to know if the courts are being resonable in these economic times, and what our chances of modification are.
Thanks
| Cinder2 |
| (Carpal \'Tunnel) |
| 03/29/09 05:53 PM |
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Re: alimony
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[quote]NO , he dosn't own his own business!!!
At the time of divorce he was employed at a dealership.
Was let go, and went to work with someone who owns their own car lot, but husband is not on a salary, it's on commision base only. [/quote]
I'm confused - I thought you said you worked for him and if you didn't do it he would have to pay someone else to do it. That's why I thought he owned his own business. What exactly do you do for him?
Cinder
| Yes_Dad |
| (Carpal \'Tunnel) |
| 03/30/09 05:00 AM |
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Re: alimony
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[quote]Isn't the fact that you don't work either part of the problem? How is the poor guy supposed to support all three of you? [/quote]
I supported 3 able bodied adults. It can be done
| PhoenixRising |
| (Carpal \'Tunnel) |
| 03/30/09 08:53 AM |
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Re: alimony
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"I am NOT the problem, the problem is the EX WON'T WORK."
Her working or not has nothing to do with the problem. Your DH would owe her the money; regardless.
It was court-ordered over and above the salary imputed to her.
| Slave2x |
| (recently joined) |
| 03/30/09 08:55 AM |
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Re: alimony
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You would have to understand the car business. He is an independent seller, if you understand that.
I do paper work, deliver autos, make sure repairs are done and do detail work.
Why is that relevent?
| Yes_Dad |
| (Carpal \'Tunnel) |
| 03/30/09 12:56 PM |
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Re: alimony
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I would still attempt a modification based on his new income (can't argue the auto industry is horrible right now) and toss in the fact she hasn't made a work attempt in 8 years. I could see if it was a year but there is a change in circumstances. If he was making more instead of less, you could BET she would be asking for a modification.
| 1966Gal |
| (Carpal \'Tunnel) |
| 03/30/09 01:21 PM |
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Re: alimony
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I do paper work, deliver autos, make sure repairs are done and do detail work.
Why is that relevent?
++++++++
It's revelent because the owner of the business should be paying you to do that.
If you want work for your H for no pay, then you can work for someone else WITH pay. Your husband's employers will have to pay to replace you.
If business is so down right now, your H should have plenty of time to do what you do for him, while you seek gainful employment.
| Cassie23 |
| (Carpal \'Tunnel) |
| 03/30/09 02:12 PM |
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Re: alimony
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If you are considered 'disabled' then are you receiving disability benefits (such as a check each month)?
Why was he ordered permanent SS? That seems like a bit much for someone married 18 years? Was that agreed upon? Was that after along battle?
Lastly, when did you make an appearance? How far after the divorce and into the 8 years of SS?
| Yes_Dad |
| (Carpal \'Tunnel) |
| 03/31/09 04:02 AM |
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Re: alimony
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[quote]I do paper work, deliver autos, make sure repairs are done and do detail work.
Why is that relevent?
++++++++
It's revelent because the owner of the business should be paying you to do that.
---> Her income is not germane to the issue
If you want work for your H for no pay, then you can work for someone else WITH pay. Your husband's employers will have to pay to replace you.
---> Again, what does her income have to do with anything. HIS income has gone down (as it has for anyone selling cars these days)
If business is so down right now, your H should have plenty of time to do what you do for him, while you seek gainful employment. [/quote]
----> There is no law that says she has to work. She is not part of the court action nor is her income used to figure support. HIS business is way down (even if she works or doesn't) and it's tough titties. After 8 years, a modification or at least a review is in order and since HIS income is 1/4 of what it used to be, the SS needs to be reflected as such. If his income increase 4X, she the ex would have marched him into court in a heartbeat to claim her "fair share". They don't use a new spouses income to figure SS or CS and in this case, the guy has a good argument to have it lowered. A good compromise would be a yearly review of income because the economy won't be this way forever.
| yregna |
| (veteran) |
| 04/03/09 01:12 PM |
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Re: alimony
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Slave2x may be the only living example of the mythological creature known as " WOMENAGAINSTALIMONY "