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Alimony Question

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radman444

Junior Member
I live in Tennessee. My question is concerning what sources can the courts come after to settle alimony payments? My income won't support making the alimony payments. Can the court seize my retirement account for this? I remember hearing about some recent case in TN that I thought dealt this but I can not find the case. Is there any precedent that says only job income can be used to make alimony payments and determine whether you can make them. My alimony payments are very excessive for what I currently earn and they are supposedly not modifiable. I made the mistake of not understanding this and my attorney did not adequately convey this to me when the papers were signed.

This does not involve child support, just alimony.

Thank you for the help.
 


Isis1

Senior Member
I live in Tennessee. My question is concerning what sources can the courts come after to settle alimony payments? My income won't support making the alimony payments. Can the court seize my retirement account for this? I remember hearing about some recent case in TN that I thought dealt this but I can not find the case. Is there any precedent that says only job income can be used to make alimony payments and determine whether you can make them. My alimony payments are very excessive for what I currently earn and they are supposedly not modifiable. I made the mistake of not understanding this and my attorney did not adequately convey this to me when the papers were signed.

This does not involve child support, just alimony.

Thank you for the help.
it would be helpful if you could pull out your court order and type word for word your court order as it pertains to alimony payments.
 

radman444

Junior Member
it would be helpful if you could pull out your court order and type word for word your court order as it pertains to alimony payments.

7. The Wife is awarded transitional alimony in the amount of $6,800.00 per month for a period of 84 months; after the end of the 84 months the Wife shall receive $3,800.00 in transitional alimony for a period of 60 months. Said $3,800.00 per month transitional alimony shall increase to $7,000.00 per month when the youngest child turns eighteen (18) or graduates from high school whichever occurs later. This alimony shall not be modified except in the event of death of either of the parties, in which case alimony shall be terminated, or as may be provided herein. All support payments under this agreement and the Permanent Parenting Plan shall begin December 1, 2010 and shall be paid on the first of each month thereafter until paid in full as required by the marital dissolution agreement and the Permanent Parenting Plan. The cumulative alimony and child support the husband pays the wife shall be $10,000.00 per month for 84 months ending November 30, 2017, and shall thereafter be $7,000.00 per month for 60 months ending November 30, 2022. The husband’s complete support obligation shall terminate after November 30, 2022. In the event child support is modified, the husband’s alimony obligation shall likewise be modified so that the cumulative alimony and child support obligation does not exceed or fall below $10,000.00 per month through November 30, 2017, or exceed or fall below $7,000.00 per month between the periods December 1, 2017 through November 30, 2022. The husband may elect to pay this obligation early. If he does, the early payment of this obligation shall not be deemed a gift and he shall receive a discount for the early payment of the support obligation.
 

Silverplum

Senior Member
7. The Wife is awarded transitional alimony in the amount of $6,800.00 per month for a period of 84 months; after the end of the 84 months the Wife shall receive $3,800.00 in transitional alimony for a period of 60 months. Said $3,800.00 per month transitional alimony shall increase to $7,000.00 per month when the youngest child turns eighteen (18) or graduates from high school whichever occurs later. This alimony shall not be modified except in the event of death of either of the parties, in which case alimony shall be terminated, or as may be provided herein. All support payments under this agreement and the Permanent Parenting Plan shall begin December 1, 2010 and shall be paid on the first of each month thereafter until paid in full as required by the marital dissolution agreement and the Permanent Parenting Plan. The cumulative alimony and child support the husband pays the wife shall be $10,000.00 per month for 84 months ending November 30, 2017, and shall thereafter be $7,000.00 per month for 60 months ending November 30, 2022. The husband’s complete support obligation shall terminate after November 30, 2022. In the event child support is modified, the husband’s alimony obligation shall likewise be modified so that the cumulative alimony and child support obligation does not exceed or fall below $10,000.00 per month through November 30, 2017, or exceed or fall below $7,000.00 per month between the periods December 1, 2017 through November 30, 2022. The husband may elect to pay this obligation early. If he does, the early payment of this obligation shall not be deemed a gift and he shall receive a discount for the early payment of the support obligation.
With those figures in play, you NEED to talk to your attorney, or get a new one!

Yes, retirement accounts are possible sources of payment: http://www.tba.org/journal/you-ve-come-a-long-way-alimony
 

radman444

Junior Member
7. The Wife is awarded transitional alimony in the amount of $6,800.00 per month for a period of 84 months; after the end of the 84 months the Wife shall receive $3,800.00 in transitional alimony for a period of 60 months. Said $3,800.00 per month transitional alimony shall increase to $7,000.00 per month when the youngest child turns eighteen (18) or graduates from high school whichever occurs later. This alimony shall not be modified except in the event of death of either of the parties, in which case alimony shall be terminated, or as may be provided herein. All support payments under this agreement and the Permanent Parenting Plan shall begin December 1, 2010 and shall be paid on the first of each month thereafter until paid in full as required by the marital dissolution agreement and the Permanent Parenting Plan. The cumulative alimony and child support the husband pays the wife shall be $10,000.00 per month for 84 months ending November 30, 2017, and shall thereafter be $7,000.00 per month for 60 months ending November 30, 2022. The husband’s complete support obligation shall terminate after November 30, 2022. In the event child support is modified, the husband’s alimony obligation shall likewise be modified so that the cumulative alimony and child support obligation does not exceed or fall below $10,000.00 per month through November 30, 2017, or exceed or fall below $7,000.00 per month between the periods December 1, 2017 through November 30, 2022. The husband may elect to pay this obligation early. If he does, the early payment of this obligation shall not be deemed a gift and he shall receive a discount for the early payment of the support obligation.


Thanks for the advice. My current attorney is just a waste of time and you are right I need a new one. I thought for sure that I heard of a new TN case that considered only income in whether you can pay alimony. Maybe I am wrong.
 

LdiJ

Senior Member
Thanks for the advice. My current attorney is just a waste of time and you are right I need a new one. I thought for sure that I heard of a new TN case that considered only income in whether you can pay alimony. Maybe I am wrong.
The problem is that its already ordered...that could have been a factor had it not been ordered yet. Now its ordered and its non-modifiable.

Do remember that the alimony is tax deductible (although I am a little worried about some of the wording of that order as it could effect tax deductibility).
 

radman444

Junior Member
The problem is that its already ordered...that could have been a factor had it not been ordered yet. Now its ordered and its non-modifiable.

Do remember that the alimony is tax deductible (although I am a little worried about some of the wording of that order as it could effect tax deductibility).



What part do you mean regarding tax deductability?

So there is absolutely no way ever to modify alimony with the above wording?

Thanks again for your help
 

Zigner

Senior Member, Non-Attorney
What part do you mean regarding tax deductability?

So there is absolutely no way ever to modify alimony with the above wording?

Thanks again for your help
Alimony is deductible. Child support is not. Your order muddies the waters between the two.
 

radman44

Junior Member
Death. :(

On a brighter note, thank you for being polite and pleasant. :) (We see a lot of pigs here. :rolleyes:)


You are correct. It does all terminate upon my death. They didn't even require life insurance to cover the CS and alimony. What a great life this is.

Take care.
 

stealth2

Under the Radar Member
I made the mistake of not understanding this and my attorney did not adequately convey this to me when the papers were signed.
I guess I don't understand - did you not read this before signing the agreement? If you did, what part did your attprney need to explain?

This alimony shall not be modified except in the event of death of either of the parties
 
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Bali Hai

Senior Member
Thanks for the advice. My current attorney is just a waste of time and you are right I need a new one. I thought for sure that I heard of a new TN case that considered only income in whether you can pay alimony. Maybe I am wrong.
Sounds like you could pay the alimony at one time. Why can't you now? Is your ex available?
 

single317dad

Senior Member
11 USC §523(a)(5)

discharge under Section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from “domestic support obligations.”
Just in case you were thinking of going the BK route.

OP, I suggest you find a way to make this payment your first financial priority for the foreseeable future. If not, be prepared to add interest.
 

Bali Hai

Senior Member
Death. :(

On a brighter note, thank you for being polite and pleasant. :) (We see a lot of pigs here. :rolleyes:)
Yeah, this is the most asinine alimony order I've seen yet. Seems OP would be polite and pleasant if he were ordered to be put on a midieval torture rack.
 

Zigner

Senior Member, Non-Attorney
Yeah, this is the most asinine alimony order I've seen yet.
I don't disagree. But it is important to note that he OP went in to this with his eyes wide open. With $ amounts this high, I don't buy the act that the OP puts on about not understanding the order.
 

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