LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Cosimo:

The Court Clerk's office in the county where the divorce is being heard should be able to tell you where to get forms for a Notice of Motion to Reduce Alimony.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

nee to know wher to obtain a for for alimony reduction

-- Contributed by: Cosimo Di Biase

Baba,

Your friend does not have the power to cancel her passport. She can file for divorce if she chooses to; he does not have to consent to the divorce to have it go through. Unless a court orders otherwise, he can see his children. I would suggest that your friend consult with a lawyer to get some legal advice for his situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i have a friend who has sponser his wife from back home. since ten year now, she has three kids and she is now canadian citizen and she when to visit her parnt in back home but when she came back from back home she doesnt talk to her husband and she teach her children that dont talk to ur dad and kid also dont talk to my friend. my friend dont want to give her divore because of kids he love his children but wife doesnt let him talk to them. i thnik his wife wanted to come to canada to become a canadian citizen and now she like some other person from back home she want to marrie him and sponser him here... i just want to know if my friend can cancel her passport or not...

-- Contributed by: baba

Hi J. Castillo,

Unless the court order for your brother to pay maintenance to his former wife is changed by a judge, he is still required to make those payments. He needs to bring an application before the court to have the amount of spousal support changed. He will need to provide detailed information about his financial situation to convince the court that the amount should be reduced.

If he cannot afford a lawyer, he should contact the local Legal Aid office to see if he qualifies for assistance. If he lives in or near a city with a university law school, he can contact the law school to see if it operates a community legal clinic. If so, law students working under the supervision of an attorney can look into the matter for him. If neither of these options are available to him, he can contact the Clerk's Office at the Court House to find out what do...ents are required to ask that the amount of maintenance be varied and he can represent himself.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My brother is Divorced in Texas and is self employed,at the time of his Divorce he was ordered to pay maintence to ex-wife,his business was sucsessful,not its declined to a point where he is not meeting his current bills(Rent,utilitys,ect)He has no children with His First Wife but currently has 2 toddlers now,Has tried to meet the payments monthly but cannot do so consistantly and is be harrassed by his ex-wife,he cannot affored a Laywer now what are his options?

-- Contributed by: J.Castillo

Hi Janelle,

I would think that the insurance policy is considered separate from the alimony. Please check with an accountant to find out how to handle this; if you don't pay enough taxes on the alimony, you may be required to pay a penalty.

Your first course of action should be to bring a contempt of court motion and ask the Court to help you collect what is owing to you. If alimony remains unpaid, the Court may order that bank accounts or personal assets be seized to pay the debt. You also have the option of taking the matter to a collection agency. I haven't been able to find a specific time limit for the lien to be enforced.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hello,

It says in the 'Tax Implications' above that taxes can only be deducted from income if all of the following conditions are met, one of which is 'No liability exists to make any payment after the death of a spouse'. In my case liability does exist in the form of life insurance to be paid after death, so does that mean that alimony income does not need to be claimed by the recipient?

Also, how can alimony be collected from a self-employed spouse against whom there is a large judgment after which significant additional monies are owed as well making it a 'contempt of court' situation all over again. Could the Court order wage garnishment by the accountant, and/or could a lien be placed on personal assets, and if so, is there a timeframe for the lien to be satisfied? This is in a Southern state. Thank you so much for your answers.

-- Contributed by: Janelle
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