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  1. #1
    MYTWINSIS is offline Junior Member
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    Question Court ordered Alimony

    What is the name of your state (only U.S. law)? Utah
    My divorce decree was signed in 2005, I was awarded non-modifiable Alimony payments each month for 7 years, my Ex and I made an agreement in 2007 that he would give me a lump sum then I would see where I was at in my life and financial situation to decide if I would ask for the remaining balance, since then I have become un-employed and am near homeless, he said he doesn,t have to pay me the remaining balance because we modified the judgement, since the way it was to be paid was modified but not the amount that is court ordered, my question is does he have to continue to pay me the court ordered alimony? also we never had a judge sign our agreement and it was never filed in court. Please help.What is the name of your state (only U.S. law)?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by MYTWINSIS View Post
    What is the name of your state (only U.S. law)? Utah
    My divorce decree was signed in 2005, I was awarded non-modifiable Alimony payments each month for 7 years, my Ex and I made an agreement in 2007 that he would give me a lump sum then I would see where I was at in my life and financial situation to decide if I would ask for the remaining balance, since then I have become un-employed and am near homeless, he said he doesn,t have to pay me the remaining balance because we modified the judgement, since the way it was to be paid was modified but not the amount that is court ordered, my question is does he have to continue to pay me the court ordered alimony? also we never had a judge sign our agreement and it was never filed in court. Please help.What is the name of your state (only U.S. law)?
    He is bound by the most recent court order - if that's the original, then that's what he'll have to follow. Unless it became part of the court record, the agreement you made between you is not legally binding; even if it was binding it allows you to reassess your situation and still, should it be appropriate, request and receive the court-ordered payments - it would appear he'd be paying either way.

    He might receive credit for the lump sum amount you were paid in 2007. So, how much was it, and how does it compare to the monthly sum originally ordered? Are you working yet? When did you lose your job? It might make quite a difference.
  3. #3
    MYTWINSIS is offline Junior Member
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    it was a large sum of money I was in a vulnerable situation, because Our grown daughter had alot of medical bills, in which by the way he never helped me pay for for her, the sum he has to pay me is 700.00 per month for 7 years, he still owes me about $22,000.00 the order was signed by a utah judge in 2005 and states alimony is non-modifiable even with a clear showing of change in circumstances. I Have been un-employed since Oct. of 2008 and my unemployment insurance has reached its peak therefore I dont know how Im going to pay my rent or my bills for that matter. any help and advice you can give me would be greatly appreciated.
    Thank you.
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by MYTWINSIS View Post
    it was a large sum of money I was in a vulnerable situation, because Our grown daughter had alot of medical bills, in which by the way he never helped me pay for for her, the sum he has to pay me is 700.00 per month for 7 years, he still owes me about $22,000.00 the order was signed by a utah judge in 2005 and states alimony is non-modifiable even with a clear showing of change in circumstances. I Have been un-employed since Oct. of 2008 and my unemployment insurance has reached its peak therefore I dont know how Im going to pay my rent or my bills for that matter. any help and advice you can give me would be greatly appreciated.
    Thank you.
    Is there a reason why you cannot work?
  5. #5
    MYTWINSIS is offline Junior Member
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    Alimony

    its not that I dont want to work I am a product of the economy, I was at my previous employer for 7.5 years and was layed off, since then I have applied for at least 300 jobs and have had 6 interviews, can you tell me the reason?
  6. #6
    MYTWINSIS is offline Junior Member
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    Quote Originally Posted by MYTWINSIS View Post
    its not that I dont want to work I am a product of the economy, I was at my previous employer for 7.5 years and was layed off, since then I have applied for at least 300 jobs and have had 6 interviews, can you tell me the reason?
    I know alot about some things but I don't know anything about nothing.
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by MYTWINSIS View Post
    I know alot about some things but I don't know anything about nothing.
    Um...ok?

    No, I can't tell you the reason why you haven't been hired. I don't know you, your background or your skill set.

    There is a reason I asked the question. Can you show that you cannot obtain even minimum wage jobs? Flipping burgers? Day labor? Temp agencies? Are you able to show due diligence?

    You're not being asked this to demean you, or to put you on the defensive. You're simply being asked because even with a "no modification" clause in the alimony award you will be expected to support yourself if you're not disabled.
  8. #8
    Bali Hai is offline Senior Member
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    Quote Originally Posted by Dogmatique View Post
    He is bound by the most recent court order - if that's the original, then that's what he'll have to follow. Unless it became part of the court record, the agreement you made between you is not legally binding; even if it was binding it allows you to reassess your situation and still, should it be appropriate, request and receive the court-ordered payments - it would appear he'd be paying either way.

    He might receive credit for the lump sum amount you were paid in 2007. So, how much was it, and how does it compare to the monthly sum originally ordered? Are you working yet? When did you lose your job? It might make quite a difference.
    In summary, OP became hard up for money, suckered her ex into agreeing to make a non-enforceable agreement to get the money she needed at the time, subsequently runs into hard times, and expects her sucker ex and the court to bail her out again.

    Have I summarized this situation correctly?
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by Bali Hai View Post
    In summary, OP became hard up for money, suckered her ex into agreeing to make a non-enforceable agreement to get the money she needed at the time, subsequently runs into hard times, and expects her sucker ex and the court to bail her out again.

    Have I summarized this situation correctly?
    A touch indelicate, yes, but still a valid perception of the situation...

    OP, here's the bottom line. Yes, you can take him to court and enforce the original order. Please be aware though - even though your order was made unmodifiable, if your ex has a canny attorney there is still a possibility that it can be changed in his favor.

    And above all you need to be supporting yourself too. Min wage job, two part-time jobs, whatever it takes. What if something happens to your ex? What are you going to do?
  10. #10
    MYTWINSIS is offline Junior Member
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    Thanks for the info, the orginal decree states that it is NON-MODIFIABLE EVEN with a showing of change in material or circumstances, get it? and Mr. or Ms. Bali im the one that is a sucker he offered I said yes and we would look at my situation when the time was effective, we wrote up our divorce ourselves, I didnt have a laywer to represent me, he did.. we were married for 22 years, I didnt hold a gun to his head he agreed at the time and now he dont want to pay me, I could have got more alimony for more time. Now you tell me who the sucker is.. and no I cant even find a part time job flipping burgers, the economy here in Utah is so bad the streets are bare when they used to be busy.. I would love to find a job, even flipping burgers would be great. And remember this "Behind every successful man is a very understanding woman"...
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by MYTWINSIS View Post
    Thanks for the info, the orginal decree states that it is NON-MODIFIABLE EVEN with a showing of change in material or circumstances, get it?

    Yes, we get it. The question is, do you?

    EVEN WITH THAT CLAUSE it is NOT impossible to have that modified. I HAVE SEEN IT HAPPEN.

    Now do YOU get it?

    and no I cant even find a part time job flipping burgers, the economy here in Utah is so bad the streets are bare when they used to be busy.. I would love to find a job, even flipping burgers would be great. And remember this "Behind every successful man is a very understanding woman"...
    Where in Utah are you exactly? Just the county will do. I can find you some leads.

    Thanks.
  12. #12
    MYTWINSIS is offline Junior Member
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    I am in Salt Lake County
  13. #13
    Proserpina is offline Senior Member
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    Quote Originally Posted by MYTWINSIS View Post
    I am in Salt Lake County
    This might help to begin with.

    [url=http://saltlakecountyjobs.org/]SaltLakeCountyJobs.org: Salt Lake County jobs. Find all jobs in Salt Lake County, UT with one search.[/url]

    Going down to the library and searching for local jobs might help to.

    Try this too:

    [url=http://www.job-hunt.org/jobs/utah.shtml]Utah Jobs, Jobs in Utah, Utah Job Search and Career Resources - Utah[/url]
  14. #14
    fairisfair is offline Senior Member
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    and the legal answer is....

    If you believe that the totality of the alimony payments due you have not been paid...

    file a petition to enforce.
  15. #15
    MYTWINSIS is offline Junior Member
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    Thank you everyone for your advice thats exactactly what I plan on doing is enforcing because in fact according to the court order and divorce decree he still owes me $22,000.00 he is now is arears, and is violating a court order so therefore, he is in contempt. He is kicking me while I'm down, he may win the battle but I will win the war. I appreciate all of your input everyone whether it was something I wanted to hear or not.
    and Thank you for the employment advice as well.

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