alimony in arrears

What is the name of your state? Arizona. I now live in Arizona. I recently re-married. Our divorce was filed in Florida and my ex lives in South Carolina. Our divorce decree states that I will receive alimony of 1,000.00 through 2004 regardless of whether I get remarried or not. He has not paid for 9 months and now refuses to pay on the grounds I am remarried even the our decree clearly states the above. What can I do to get him to pay. We have submitted a garnishment to his employer and they stated last week that my ex has filed a new motion? The ex won't discuss it with me so how what is my next move?

[Pam1948]

I was told by my lawyer if you remarry the alimony stop... Alimony is for support, You are being supported now by your NEW Husband. Why should Your Ex support you and Your new Husband.... I don't think you have a leg to stand on.

[stealth2]

Originally posted by Pam1948
I was told by my lawyer if you remarry the alimony stop... Alimony is for support, You are being supported now by your NEW Husband. Why should Your Ex support you and Your new Husband.... I don't think you have a leg to stand on.

Not necessarily. It depends on what the purpose of the alimony is. If it is part of a property settlement, remarriage does not enter the picture in any way, shape or form. Your best bet would be to talk to a lawyer to find out about filing for contempt.

[Pam1948]

I will say this again, Alimony is for support, Now if you are getting a settlement, I would think it would say just that, You really should check in to seeing a Lawyer. I am not a lawyer but I would not let him get away with it ,if he owes you.

I'm sorry, Pam, but momma_tigger is 100% correct. The poster should seek the advice of an attorney.

[Pam1948]

Hi Cyana,

You said momma is Correct. Why, Please tell me? My Lawyer told me it was for spousal support. What is Alimony then if it's not for just that. Why should Trishyk58 Ex Husband. Have to pay her spousal support if she is remarried ..... That does not should right to me. Now if she is getting a settelment he should pay her. I would think it would say that... Please tell me why you think so?? I really want to know. From Pam

[stealth2]

We have no idea what trishy's order actually says. While Spousal Support (Alimony) is a legal term, it's often used in many different ways by lay people. It is VERY possible that the amount trishy's ex was to pay is part of a settlement agreement. It is also very possible that there is specific language that states he is to pay X amount until Y date, regardless of her marital status. If so - he owes her the money and is in contempt if he doesn't pay it.

What YOUR lawyer told you has to do with YOUR situation in YOUR state. Not trishy's.

And I don't get alimony/spousal support. Never asked for it.

[Pam1948]

Thank you for getting back with me so soon. That might just help me too. I am going to look in to it...
My Ex has to pay until I die or Remarry That's what my lawyer told me. Now I think I will call another lawyer to check in to it.I have never worked and want too , I was told I could loose it and my medical. I need my medical I have a brain tummer that I have to check ever year to make sure it's not growing, I can't take the chance on losing my Medical or my support.

Yes, it depends on how the final orders are worded. Also whether it was a do-it-yourself divorce with both spouses signing an agreement or just a poorly phrased document with inadequate wording to separate the "Spousal Support" award from the monthly obligation that trishy's ex had towards property settlement payments. As momma_tiger said, we don't know the specific language of the decree. Hopefully, trishy will clarify.

As it happens at least one state, Colorado, allows for purely spousal support to continue after remarriage if both agree to it and sign a "Separation Agreement". Surprised the heck out of me, but true. I agree with you that it doesn't seem right to me.

[url]http://forum.freeadvice.com/showthread.php?s=&threadid=135291.[/url]

In most states that is not an option and any spousal support, whether temporary/rehabilitative or permanant ends upon the remarriage or cohabitation of the recipient.

Pam, in answer to your earlier question about whether you could work or not and still receive your spousal support/alimony - I don't see why not. Again it depends on how your award is worded, but in general if you received a "permanent" spousal award it was probably based on either the length of your marriage, contributions as a homemaker, your state of health or all. Permanent alimony awards are not easily modifiable unless the payor has a "life event" such as experiencing a significant reduction in income and of course, the payor's death.

Another question - does your decree say that your ex has to continue to carry you on his health insurance? I am assuming because you stated that you have never worked so you're probably not talking about receiving medicare/social security disability benefits. You can answer these specific questions on your earlier thread.

[Pam1948]

Thank you,
you have really helped me . I will check on what you said. I will look at my paper's again, Everything is so knew to me. I was married for 32 years... Starting over is really something. I just trying to get back on my feet. For a year I think I was lost if you know what I mean. Thanks again

Hon - I feel for you. I was divorced by my husband after 22 years of marriage in 12/01; he left 10/00. Sometimes I still feel lost. Check your papers; from what it sounds you received a permanant alimony award. I did, too. I was married over 20 years and so I was eligible for permanant alimony according to DE Divorce law. But it's not much. If you go to my profile and send me an email I will direct you to an excellent board for all aspects of divorce issues called "Surviving Divorce".
Good luck.

[Pam1948]

Thank you,