LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Can I Have,

If your ex isn't paying the spousal support as ordered, you can ask the Court to start collections proceedings, including having has wages garnished. His employer will probably not tell you how much he is making. If you want to get more spousal support, you will have to apply to the Court to get the order changed.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I live in California and my ex lives in New Jersey. Can I have his wages garnished and do it by myself but first if I know where he works can i get a something from his employer telling me what his wages are and try to get more spousal support.

-- Contributed by: can i have my ex wages garnised

Lorraine,

You need to let the Court know that your husband isn't making his support payments as ordered. Please contact your lawyer and let them know that you need to bring a motion for contempt of court against your ex.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i was orered to receive spousal support and my spouse is a month late and refuses to pay, My mother-in-lie forbid my husband to pay I am disabled and almost homeless . husband stole 60,500.00 dolars that I had before marriage. What is his fine for not paying the ordered suport payments Now? and I have a $1500.00 gas bill in collectiion that he will not pay what can I do? the judge did not put down how my spouse will pay me. Mother-in-lie is not alowiung my husband to pay me anything she forbids him to help me as a husband should she lies foir him after he beats me and robs me coninually. I just got a $6000.00 hierloom stole by my husband and mother-in-lie lied to sheriff and said that my husband was on her lap reading all day. I need help and the liars need to be in prison for stealing 60500.00 from me. MY inhieritance from befroe marriage. I live in sacramneto county caliuformnai

-- Contributed by: lorraine pittman

Edward,

That is an excellent question and for advice about your specific situation, I would suggest that you ask your lawyer and the accountant to clarify matters for you. The Tax Code does allow people paying alimony or child support to deduct the amount of the payments. Here is the link to the appropriate section.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am in the early stages of a divorce in massachusetts. At the hearing for temporary orders, we offered child support guidelines plus paying spose's auto insurance. The judge ordered both side to get with an accountant and determine how much I could pay if it is all alimony, sayin "Let the IRS pay some of this". The resulting alimony order gives my wife twice the after tax money that I get. She has no mortgage, 2 children.

Someone suggetsed that the IRS does not allow judges to recast child support as alimony in order to take advantage of taxes. is this so? If so, where in the tax code doe this appear>?

-- Contributed by: Edward

Priscilla,

Whether spousal support will continue after remarriage would depend on the terms of the original support order. In some cases, alimony end on remarriage but in other cases, it continues whether the former spouse has remarried or not.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

What if a woman in California keeps taking spousal support from and ex and gets remarried? What is the penalty for this?

-- Contributed by: priscilla

Evelyn

Your husband has a legal obligation to support his children until they reach the age of majority. Whether you will receive spousal support is determined by a judge and will depend on whether you have the skills necessary to get a job right away or if you would have to get training first.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How long did you have to be married to be able to receive alimony? And, can I get child support for my four children?

-- Contributed by: Evelyn

Becky,

Filing for bankruptcy doesn't mean that your ex is excused from paying alimony or child support. This article may help to answer your question:

http://divorce.lovetoknow.com/Bankruptcy_before_Divorce

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

can your ex stop paying alimony if he files bankruptcy or goes on ssi

-- Contributed by: becky

Diane,

Your employer is legally required to deduct the alimony payments unless they are notified otherwise. I would suggest that you contact the Court Clerk's office to ask about the procedure for having the garnishment stopped; I haven't been able to find a specific form that covers this situation.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

In California what do you need to do to terminate a garnishment for court ordered spousal support? Was ordered to pay 3 years of support which was up in Sept 07 but the money is still being taken from my check. No back pay is owed. I thought it would stop automatically? Is there a form I need to file with the courts to terminate if so what is the form number?

-- Contributed by: diane

Leiba,

When you file for divorce, you can ask the Court to determine what portion of debts each of you will be responsible for and to divide your marital property equitably (unless you live in a community property state). If you are not ready to file for divorce, you and your husband can enter into a separation agreement to address your financial issues.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

my husband left me on nov 8th. we got married feb 14th 2006. our house is in my moms name. the car is in both of our names. i cant afford to pay the bills alone eventhough i make more money than he does. is there anything that i can do?

-- Contributed by: leibamiddleton

Tony,

In Georgia, the question of whether to award alimony is up to the discretion of the judge. The Court will take the length of the marriage into consideration, but as far as I know, there is no "10 year" rule.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

is it true that you have to be married 10 years to get alimony? i live in atlanta,ga.

-- Contributed by: tony

Hi Sue,

In CA, the Court has the discretion to determine whether spousal support should be paid and in what amount. The Court will take the other spouse's ability to pay, the length of the marriage, the parties ac...ulated debts, the age of the parties, the ability of the other spouse to support him or herself, etc. in making this determination.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I am in the beginning of a nightmare divorce...children are grown one lives at home with mom while the other is off to college and pregnant. I currently pay all the bills for the household including mortgage, food, insurance, etc. (children ages 19 and 21) My wife only makes $1400 a month which is not enough to live off of. I have agreed to continue paying the mortgage and give one of my daughters $200 a month for gas. We have two additional properties that I am giving my wife as part of the settlement...in hopes i will not have to pay alimony. Is there a way to determine how much spousal alimony is in CA? What is the dollar amount based on?

-- Contributed by: Sue

I desparately want to divorce my wife but I am concerned about uprooting she and my two sons from our home. We have a considerable amount of equity in the house ($150-$200K) and I am comfortable with giving her the home as part of the settlement. The problem is she makes much less than me (70%to30%)and she can;t afford the payments based soley on her salary. I can afford to supplement the payments to help but I will need to be able to support myself, and I don't want to continue to pay for something that I have given her as part of the deal. Is there anything that we can do to possibly refi., etc that can lower the payments for her?

-- Contributed by: Martin
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