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  #1  
Old 10-11-2008, 01:38 PM
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Join Date: Oct 2008
Location: california
Posts: 3

Delinquent Alimony


Hello,
Our Divorce was finalized 2005 in Marietta Ga.
My Ex Husband was ordered to pay alimoney for 9yrs ( untill 2013). Due to the failing of the local housing market which affected his income. He stopped making alimony payments 6months ago. No notice, just stopped payments. As part of the agreement my ex is also responsible for the tax due on the alimoney. But he has bailed on this as well.
Also,
as a result of this my home went into foreclousure as my earned income could not cover the house note. The IRS also garnished my wages.
I've hit the fed up point and
I need some advice as how to proceed handeling this.
I haven't spoken to my origional Divorce Att since the divorce was final. I have also moved out of state to start over.
Please help!
Thank you, Sandl
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  #2  
Old 10-11-2008, 01:42 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 28,211
Quote:
Originally Posted by SandL View Post
Hello,
Our Divorce was finalized 2005 in Marietta Ga.
My Ex Husband was ordered to pay alimoney for 9yrs ( untill 2013). Due to the failing of the local housing market which affected his income. He stopped making alimony payments 6months ago. No notice, just stopped payments. As part of the agreement my ex is also responsible for the tax due on the alimoney. But he has bailed on this as well.
Also,
as a result of this my home went into foreclousure as my earned income could not cover the house note. The IRS also garnished my wages.
I've hit the fed up point and
I need some advice as how to proceed handeling this.
I haven't spoken to my origional Divorce Att since the divorce was final. I have also moved out of state to start over.
Please help!
Thank you, Sandl
Thank you for posting.

Did you have a question?
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(1) Never tell everything you know.
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  #3  
Old 10-12-2008, 01:30 AM
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Join Date: Oct 2008
Location: california
Posts: 3

Delinquent Alimony


My question is: According to Georgia Law what kind of recourse do I have.
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  #4  
Old 10-12-2008, 05:24 AM
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Join Date: Dec 2005
Posts: 21,751
You could try for contempt IF he is VOLUNTARILY and WILLINGLY not making payments.
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.

Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all.
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  #5  
Old 10-12-2008, 10:23 AM
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Join Date: Jan 2003
Posts: 17,475
Quote:
Originally Posted by SandL View Post
Hello,
Our Divorce was finalized 2005 in Marietta Ga.
My Ex Husband was ordered to pay alimoney for 9yrs ( untill 2013). Due to the failing of the local housing market which affected his income. He stopped making alimony payments 6months ago. No notice, just stopped payments. As part of the agreement my ex is also responsible for the tax due on the alimoney. But he has bailed on this as well.
Also,
as a result of this my home went into foreclousure as my earned income could not cover the house note. The IRS also garnished my wages.
I've hit the fed up point and
I need some advice as how to proceed handeling this.
I haven't spoken to my origional Divorce Att since the divorce was final. I have also moved out of state to start over.
Please help!
Thank you, Sandl
He's in housing?

My family has been in RE since 1954. R.E. ALWAYS cycles down every few years. My Dad used to make it VERY clear that anyone whose living depends upon the R.E. market should PRESUME that "down years" are part of the income stream and plan their budgets on only a portion of their income of a good year. If one wants the financial benefit of the good RE years, one also needs to accept the reality of the down cycles as a normal part of the industry. The down cycles always happen - it's a package and a counter balance with the good years.

What I don't understand is why anyone would ignore that reality in establishing their financial plans. R.E. ALWAYS has had down cycles. ALWAYS. I made a living in RE - and PRESUMED in my budgeting that I should not rely on more than 50% of my net - because there are ALWAYS swings and very bad years in this industry. The bad years are part of the package of making a living in the housing industry.

IMHO: Neither CS or alimony should ever be based upon a few consecutive good years. This ignores the historic economic reality of the industry and leads to unrealistic expectations of future income always being the same.
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Last edited by nextwife; 10-12-2008 at 10:27 AM.
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  #6  
Old 10-12-2008, 10:32 AM
Senior Member
 
Join Date: Nov 2005
Posts: 3,693
Quote:
Originally Posted by nextwife View Post
He's in housing?

My family has been in RE since 1954. R.E. ALWAYS cycles down every few years. My Dad used to make it VERY clear that anyone whose living depends upon the R.E. market should PRESUME that "down years" are part of the income stream and plan their budgets on only a portion of their income of a good year. If one wants the financial benefit of the good RE years, one also needs to accept the reality of the down cycles as a normal part of the industry. The down cycles always happen - it's a package and a counter balance with the good years.

What I don't understand is why anyone would ignore that reality in establishing their financial plans. R.E. ALWAYS has had down cycles. ALWAYS. I made a living in RE - and PRESUMED in my budgeting that I should not rely on more than 50% of my net - because there are ALWAYS swings and very bad years in this industry. The bad years are part of the package of making a living in the housing industry.

IMHO: Neither CS or alimony should ever be based upon a few consecutive good years. This ignores the historic economic reality of the industry and leads to unrealistic expectations of future income always being the same.
nextwife, you are speaking in terms of reality. The person receiving alimony nor the courts really don't care to hear this!!
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