Delinquent spousal support

wendykc61 · #1 10-11-2008, 04:28 AM

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

My divorce judgment stated that my ex-husband was to pay spousal support in the amount of $1000.00 per month for 60 months starting March 1, 2000. Divorce final on 4/21/00.

He has never paid on a monthly basis and has never been inconsistent. Our relationship has remained very amicable and communicative. We have tried to work it out ourselves but he has recently filed chapter 13 bankruptcy. I have been identified as a "holder of a domestic support obligation by the debtor in the case" per a letter from his bankruptcy trustee lawyer. I received two identical letters, and I recently found out that he had to file a second time as the first case was dismissed. The 2nd letter was dated 8/28/08. I know that in chapter 13 bankruptcy spousal support is not dischargable.

From my tax returns (missing copies of 2000 and 2002 which are being ordered from the IRS) he has paid the following:
2000: missing tax return copies
2001: $6200.00 paid
2002: missing tax return copies
2003: $1350.00
2004: $3000.00
2005: 0
2006: 0
2007: 0
2008 YTD: 0

Being concerned, I pulled out my divorce file. According to the letter from my attorney dated 4/21/2000 (divorce final) there are these pertinent paragraphs:

"Remember that each month, his spousal support is not paid, that month's judgement runs at nine percent simple interest....Any spousal support judgements that have been accrued for unpaid spousal support expire after ten years. A judgement must be renewed before it expires, not after. If your ex-spouse has missed any spousal support payments, please contact me or another attorney before the expiration of ten years from the date of the first month of unpaid support."

"Remember you have been awarded spousal support. As a general rule you can only modify spousal support or ask that it be extended while the spousal support is actually owed. Generally once spousal support ends, it cannot be reinstated, although there may be an exception to this in cases where support is reinstated pursuant to ORS 107.136. If you want to try to modify the spousal support and/or extend the payment period, you must contact an attorney and file the modification papers before the spousal support ends (i.e. before your last payment is due).

The 10-year expiration date from the date of the first month of unpaid support will be most likely in 2010 at the earliest. Since I do not have tax returns from 2000, I cannot determine if he missed a month during that year.

My concerns are:
1. Is the lanquage in the divorce judgement regarding the time frame of 60 months based on the assumption that he will pay on time and the agreed-upon amount? Does that fact that he did not fulfill this order impact this timeframe?

2. In paragraph 1, the language "If you want to try to modify the spousal support and/or extend the payment period, you must contact an attorney and file the modification papers before the spousal support ends (i.e. before your last payment is due)". My last payment is still due. Or is this again based on the assumption that the judgement would be adhered to without delinquencies?

3. In paragraph 2, the language of "you can only modify spousal support or ask that it be extended while the spousal support is actually owed." Would this be within the 60 month timeframe or would it still be applicable since it is still owed.

I have contacted a divorce attorney regarding this, but I won't see her til next Wednesday Oct 13. But I am fretting and it's 1:25 am now...

Thanks for reading
Wendy

justalayman · #2 10-11-2008, 10:45 AM

before it was due; the last payment was due 60 months from the order.

it is now delinquent rather than due.

it is beyond time to alter the award but he still owes you for any unpaid money.

Basically, you were given a judgment for the money. He has failed to pay so as with money judgements in Oregon, you can renew the judgement but only if you file prior to the expiration of this judgement. You do not want to file the extension prematurely since a judgement can only be valid for 10 years from the date of judgement and a judge cannot enter the judgement for a time in the future.

In other words; you can still make an effort to collect on the original judgement but you cannot alter what the judgement awarded you.

Your original judgement was for $60k and that is all you can recieve with the lone addition of the penalty interest as written. You cannot seek to extend the monthly payments (this would increase the amount to over the $60k in effect) or increase the amount.

LdiJ · #3 10-11-2008, 12:49 PM

Quote:

Originally Posted by wendykc61

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

My divorce judgment stated that my ex-husband was to pay spousal support in the amount of $1000.00 per month for 60 months starting March 1, 2000. Divorce final on 4/21/00.

He has never paid on a monthly basis and has never been inconsistent. Our relationship has remained very amicable and communicative. We have tried to work it out ourselves but he has recently filed chapter 13 bankruptcy. I have been identified as a "holder of a domestic support obligation by the debtor in the case" per a letter from his bankruptcy trustee lawyer. I received two identical letters, and I recently found out that he had to file a second time as the first case was dismissed. The 2nd letter was dated 8/28/08. I know that in chapter 13 bankruptcy spousal support is not dischargable.

From my tax returns (missing copies of 2000 and 2002 which are being ordered from the IRS) he has paid the following:
2000: missing tax return copies
2001: $6200.00 paid
2002: missing tax return copies
2003: $1350.00
2004: $3000.00
2005: 0
2006: 0
2007: 0
2008 YTD: 0

Being concerned, I pulled out my divorce file. According to the letter from my attorney dated 4/21/2000 (divorce final) there are these pertinent paragraphs:

"Remember that each month, his spousal support is not paid, that month's judgement runs at nine percent simple interest....Any spousal support judgements that have been accrued for unpaid spousal support expire after ten years. A judgement must be renewed before it expires, not after. If your ex-spouse has missed any spousal support payments, please contact me or another attorney before the expiration of ten years from the date of the first month of unpaid support."

"Remember you have been awarded spousal support. As a general rule you can only modify spousal support or ask that it be extended while the spousal support is actually owed. Generally once spousal support ends, it cannot be reinstated, although there may be an exception to this in cases where support is reinstated pursuant to ORS 107.136. If you want to try to modify the spousal support and/or extend the payment period, you must contact an attorney and file the modification papers before the spousal support ends (i.e. before your last payment is due).

The 10-year expiration date from the date of the first month of unpaid support will be most likely in 2010 at the earliest. Since I do not have tax returns from 2000, I cannot determine if he missed a month during that year.

My concerns are:
1. Is the lanquage in the divorce judgement regarding the time frame of 60 months based on the assumption that he will pay on time and the agreed-upon amount? Does that fact that he did not fulfill this order impact this timeframe?

2. In paragraph 1, the language "If you want to try to modify the spousal support and/or extend the payment period, you must contact an attorney and file the modification papers before the spousal support ends (i.e. before your last payment is due)". My last payment is still due. Or is this again based on the assumption that the judgement would be adhered to without delinquencies?

3. In paragraph 2, the language of "you can only modify spousal support or ask that it be extended while the spousal support is actually owed." Would this be within the 60 month timeframe or would it still be applicable since it is still owed.

I have contacted a divorce attorney regarding this, but I won't see her til next Wednesday Oct 13. But I am fretting and it's 1:25 am now...

Thanks for reading
Wendy

You are getting mixed up between modifying or extending alimony, and collecting alimony arrearages.

You either have to collect the alimony within 10 years of the first month he didn't pay, or get a new judgement.

The Chapter 13 bankruptcy should help take care of that. Since alimony is not dischargeable his debt to you should be part of his bankruptcy payments. However, make sure that you discuss that with your attorney on Wed.