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Thread: Alimony vs SS

  1. #1
    MaybeBaby is offline Junior Member
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    Arrow Alimony vs SS

    What is the name of your state (only U.S. law)? NC

    I received a judgement for SS, almost 6 months passed and I have not gotten a payment yet. I have an alimony court date in a matter of days.

    What will happen to the SS arrearage? I borrowed money for an attorney and living expenses using the court order as proof I would be able to repay my relatives.

    Can/should I ask the judge to enforce what I was suppose to receive or is that all wiped away clean when the alimony judgement is handed down?

    Thank you.

  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by MaybeBaby View Post
    What is the name of your state (only U.S. law)? NC

    I received a judgement for SS, almost 6 months passed and I have not gotten a payment yet. I have an alimony court date in a matter of days.

    What will happen to the SS arrearage? I borrowed money for an attorney and living expenses using the court order as proof I would be able to repay my relatives.

    Can/should I ask the judge to enforce what I was suppose to receive or is that all wiped away clean when the alimony judgement is handed down?

    Thank you.
    An alimony court date? Why haven't filed a motion to show cause? Is this a final divorce date?
    Parents should remember 3 things: Love your kids more than you hate your ex (or soon to be ex); when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.


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  3. #3
    Golfball is offline Member
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    If your spouse is in violation of a court order for PSS, you can initiate contempt proceedings. (Failure to pay PSS is enforceable via contempt, and alimony/PSS is one of the few non-federal exceptions to NC's no-garnishment rule.)
    I am not an attorney, I do not play one on TV, and I did not stay at a Holiday Inn Express last night. As such, take anything I say with an appropriate amount of salt, and consult an attorney licensed in your state for actual legal advice.

  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by MaybeBaby View Post
    What is the name of your state (only U.S. law)? NC

    I received a judgement for SS, almost 6 months passed and I have not gotten a payment yet. I have an alimony court date in a matter of days.

    What will happen to the SS arrearage? I borrowed money for an attorney and living expenses using the court order as proof I would be able to repay my relatives.

    Can/should I ask the judge to enforce what I was suppose to receive or is that all wiped away clean when the alimony judgement is handed down?

    Thank you.
    I am a bit confused, but are you saying that you were awarded temporary spousal support and your ex has not paid it? If so, those arrearages should not go away.
    in vino veritas

  5. #5
    MaybeBaby is offline Junior Member
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    This is what has happened so far-

    1. My lawyer filed paperwork for PSS, custody, ED, alimony, and temporary child support. I figured this all had to be taken care of before the final divorce date.

    2. The PSS and CS court dates already happened. In a few days I have the ED hearing. That is what I was told by the law office. I look at the actual papers today to doublecheck which court room, and I see ED, alimony, support and custody is what is going to be heard. Color me confused!

    I assume this is the last court date before someone then files for a divorce.

    My immediate confusion was over the PSS. It took my lawyer 5 months to get the court order papers given to me so I could send it to my ex's employer. So now that I won that little battle, here comes something else!

    Sorry- I'm not sure what a 'motion to show cause' is?

  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by MaybeBaby View Post
    This is what has happened so far-

    1. My lawyer filed paperwork for PSS, custody, ED, alimony, and temporary child support. I figured this all had to be taken care of before the final divorce date.

    2. The PSS and CS court dates already happened. In a few days I have the ED hearing. That is what I was told by the law office. I look at the actual papers today to doublecheck which court room, and I see ED, alimony, support and custody is what is going to be heard. Color me confused!

    I assume this is the last court date before someone then files for a divorce.

    My immediate confusion was over the PSS. It took my lawyer 5 months to get the court order papers given to me so I could send it to my ex's employer. So now that I won that little battle, here comes something else!

    Sorry- I'm not sure what a 'motion to show cause' is?
    I have been involved in family law forums for over 15 years and I have no idea what ED is. You might want to spell things out rather than just using initials.
    in vino veritas

  7. #7
    MaybeBaby is offline Junior Member
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    Sorry- equitable distribution.

  8. #8
    Bali Hai is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    I have been involved in family law forums for over 15 years and I have no idea what ED is. You might want to spell things out rather than just using initials.
    She is obviously legally blonde.

  9. #9
    MaybeBaby is offline Junior Member
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    Everyone I speak to in the law office uses those abbreviations, even in conversation- I just assumed it was common knowledge, my mistake.

  10. #10
    Golfball is offline Member
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    Quote Originally Posted by MaybeBaby View Post
    Everyone I speak to in the law office uses those abbreviations, even in conversation- I just assumed it was common knowledge, my mistake.
    In NC, the abbreviation is common, but outside the state, it isn't.

    IMNSHO, abbreviations are usually state (or even venue) specific, unless it's a realllly common term that has applicability outside of the domestic/family law arena. (i.e. Def probably means defendant anywhere, Jxdn means jurisdiction, with PJx and SMJx being two types of jurisdiction, personal and subject-matter, respectively.)
    I am not an attorney, I do not play one on TV, and I did not stay at a Holiday Inn Express last night. As such, take anything I say with an appropriate amount of salt, and consult an attorney licensed in your state for actual legal advice.

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