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03-17-2008, 02:32 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 9
| | | Alimony question
What is the name of your state? New Mexico
My husband divorced his ex-wife 1year and 6 months ago. He couldn't find her so the courts said to pu it in the paper. Alimony custody and child support were reserved. She just filed for alimony. They were married for 10 years but seperated for the last 2 because she ranaway with her lover. How do they usualy decide alimony? Do they consider what is being paid for child support? |
03-17-2008, 02:35 PM
| | Senior Member | | Join Date: Jun 2007 Location: Rat Race of New Jersey
Posts: 1,198
| | | Actually, it's the other way around - they take alimony into consideration as income when calculating child support. Income to the party that receives it , that is.
You mention CS - is your hubby paying CS? Who has custody?
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03-17-2008, 02:38 PM
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Posts: 9
| | | She has custody and will not let him see or talk to them. He has been paying since they seperated and has never missed a month. He is millitary and when they divorced he decreased it so that is why she has put him up for CS. She told the courts that he pays sometimes and asked for immediate hearing. He faxed them the proof that he has been paying for the last 2 years. I am wondering if that is why she asked for a immediate court hearing...so the alimony could not be considered |
03-17-2008, 02:58 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,373
| | Quote:
Originally Posted by Marcella O  She has custody and will not let him see or talk to them. He has been paying since they seperated and has never missed a month. He is millitary and when they divorced he decreased it so that is why she has put him up for CS. She told the courts that he pays sometimes and asked for immediate hearing. He faxed them the proof that he has been paying for the last 2 years. I am wondering if that is why she asked for a immediate court hearing...so the alimony could not be considered | You are confusing me a little. Did she file for alimony or for child support?
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03-17-2008, 04:15 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,548
| | | how could he be paying her CS but not know where she was? |
03-17-2008, 04:17 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by VeronicaLodge how could he be paying her CS but not know where she was? | Easy, MOST child support is paid to the court or to the Clearinghouse. It is extremely rare these days for the payment to be made directly between parties. |
03-17-2008, 04:18 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by LdiJ You are confusing me a little. Did she file for alimony or for child support? | if you are only confused a little, you are doing well.
I am confused ALOT. |
03-17-2008, 04:30 PM
| | Senior Member | | Join Date: Oct 2007
Posts: 2,548
| | Quote:
Originally Posted by fairisfair Easy, MOST child support is paid to the court or to the Clearinghouse. It is extremely rare these days for the payment to be made directly between parties. | oh ok, thanks fair! |
03-17-2008, 05:03 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 9
| | Quote:
Originally Posted by VeronicaLodge how could he be paying her CS but not know where she was? | It's on allotment and goes to a preset bank account. The bank is down south all she needs is the ATM card and check book
He was paying on his own without a court order
Last edited by Marcella O; 03-17-2008 at 05:07 PM.
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03-17-2008, 05:05 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 9
| | Quote:
Originally Posted by fairisfair if you are only confused a little, you are doing well.
I am confused ALOT. | She filed for everything but asked that the child support hearing be held first because she isn't getting any (even though she is) So they are doing a emergency hearing for child support......does that make sense. it didn't to me at first because I didn't know that you could do that
Alimony, custody, and fieling for his retierment are set for another court date |
03-17-2008, 08:17 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by Marcella O She filed for everything but asked that the child support hearing be held first because she isn't getting any (even though she is) So they are doing a emergency hearing for child support......does that make sense. it didn't to me at first because I didn't know that you could do that
Alimony, custody, and fieling for his retierment are set for another court date | It makes perfect sense.
He needs to get together receipts for everything he paid, and then start praying. That the court considers it support and not a gift, which they have every legal right to do. And that they do not award her any retroactive support.
Funny thing about divorces, custody, child support and courts. The courts kinda like to be involved. | |
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