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giveortake
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Reged: 01/04/10
Posts: 20
Re: Husband's ex inherited but still expects alimony [Re: Debi]
      #617638 - 01/04/10 07:55 PM

Inheritance is NOT considered income. Only the INTEREST generated from the inheritance is considered income. For example, she deposits all of the money into an interest bearing savings account. The interest that is earned in her benefit is the only thing considered to be income.
It was the ooposite in my divorce, my ex husband received over 500K in inheritance during our divorce.


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charliesbabe
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Reged: 12/30/09
Posts: 13
Re: Husband's ex inherited but still expects alimony [Re: Debi]
      #617686 - 01/05/10 12:15 AM

Yes, the terms of the alimony is 6 years and he's 2 years into that. He pays c.s. too, although I didn't mention it. I've pretty much given up on a modification, I couldn't handle my feelings of resentment anymore. I have come to terms with it after using all of my "tools" and had to finally read a few pages of proverbs. I have to count my blessings in that what we have together is something money can't buy. Yes, she has tons of money and will be getting more but that's all she has. I have to be thankful that she let him get away and I am benefiting from it.

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charliesbabe
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Reged: 12/30/09
Posts: 13
Re: Husband's ex inherited but still expects alimony [Re: giveortake]
      #617687 - 01/05/10 12:19 AM

Hi Giveortake, well, I was of the understanding that it is considered income, I got it straight from a family court judge, but he is in Arizona. Don't know if that makes a difference, the rules seem to be pretty standard.

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Redlegg
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Reged: 10/05/06
Posts: 27551
Re: Husband's ex inherited but still expects alimony [Re: charliesbabe]
      #617700 - 01/05/10 06:30 AM

Why not a modification on the CS....Since the income model has changed, and that can always be modified.

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Avaya
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Reged: 02/09/06
Posts: 9850
Loc: Arkansas
Re: Husband's ex inherited but still expects alimo [Re: Redlegg]
      #617828 - 01/05/10 02:21 PM

First, in 2 years what has occurred to HIS income that he's afraid of an increase in alimony? Second, don't look at it as though the alimony is now going for extras, look at it as alimony going toward what it was intended - mortgage, bills, education, etc and HER INHERITANCE going toward the extras that she wouldn't have been able to afford otherwise. If he got a windfall, he wouldn't want to share with her (however, I do recognize that if the PAYER gets a windfall, the courts would likely MAKE him share with her). So bottom line, why is he afraid alimony would go up if he did attempt a reduction based on her windfall? If you can logically answer that question and come to terms that he doesn't have anything to loose, I'd find an attorney that will base the argument on the fact that if the table was turned, he'd have to pay more therefore why shouldn't he get to pay less when it's the other way around? But I don't think I'd do it on the 80k, I'd wait till the $350k comes through.

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Redlegg
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Re: Husband's ex inherited but still expects alimo [Re: Avaya]
      #617839 - 01/05/10 03:22 PM

I never would have thought that alimony would change for the payor if they came into a windfall two years afer the divorce. To me that would be just as unfair, if it were the other way around.

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Avaya
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Reged: 02/09/06
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Re: Husband's ex inherited but still expects alimo [Re: Redlegg]
      #617847 - 01/05/10 03:42 PM

Unfair? yes. Could it happen? probably.

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charliesbabe
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Reged: 12/30/09
Posts: 13
Re: Husband's ex inherited but still expects alimo [Re: Avaya]
      #617857 - 01/05/10 04:25 PM

[quote]First, in 2 years what has occurred to HIS income that he's afraid of an increase in alimony? Second, don't look at it as though the alimony is now going for extras, look at it as alimony going toward what it was intended - mortgage, bills, education, etc and HER INHERITANCE going toward the extras that she wouldn't have been able to afford otherwise. If he got a windfall, he wouldn't want to share with her (however, I do recognize that if the PAYER gets a windfall, the courts would likely MAKE him share with her). So bottom line, why is he afraid alimony would go up if he did attempt a reduction based on her windfall? If you can logically answer that question and come to terms that he doesn't have anything to loose, I'd find an attorney that will base the argument on the fact that if the table was turned, he'd have to pay more therefore why shouldn't he get to pay less when it's the other way around? But I don't think I'd do it on the 80k, I'd wait till the $350k comes through. [/quote]

Well, his income has actually dropped, he lost quite a bit of his built in overtime. Unfortunately, a judge does not count overtime, so there's that. We are going solely on the info from my sister who works for a divorce court judge. He reminded her of a case where this very thing happened and the payor ended up paying more. Apparently, there is a very complicated formula where all the money, her income, his income (including the inheritance) goes into a "big pot"... his ex says that he got off lucky because she didn't ask for as much as she could have recieved, she stated 1/5 of his income.
I just emailed my sister who is in court right now and said that inheritance counted as income may be counted differently from state to state.


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charliesbabe
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Reged: 12/30/09
Posts: 13
Re: Husband's ex inherited but still expects alimo [Re: charliesbabe]
      #617860 - 01/05/10 04:32 PM

If it was the other way around, she would most def want a modification to up it, she makes comments all the time so I wouldn't put it past her.
I know it could be worse, I know there are lots of people who are paying more, for more years, even lifetimes. I feel for these people, and despite my posts, I get along with his ex quite well. She is very nice to me and approves of our marraige, knowing that I am good for him and their son. We invited her to dinner when we got married and she declined very politely saying it was "my night". Believe me, I keep all this to myself and will never let on how I feel about this to her.


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charliesbabe
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Reged: 12/30/09
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Re: Husband's ex inherited but still expects alimo [Re: charliesbabe]
      #617862 - 01/05/10 04:36 PM

One last comment before my break is over, one last resort is to talk to a lawyer and have them crunch the numbers but my DH thinks it will cost more than it's worth. Plus, there was such a row (she got really p.o.'d ) when he just asked about it, he figured it wasn't worth the grief. That's why we wanted to come to a verbal agreement first.

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