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  #1  
Old 05-29-2006, 05:08 PM
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Join Date: May 2006
Location: south carolina
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exspouse lives out of state court order is in how do i get him to pay


What is the name of your state? south carolina exspouse lives in washington

my ex moved to washington in 2004 december. he left his second wife and moved, and in doing so he stopped paying my alimony that is court ordered. he is ordered to pay 1333.00 a month half on the 1st and half on the 15th. he has not paid since then. i need to know how to go about getting him to pay through the court. in south carolina we do have a court order in family court, and it was set up that he pay me and it not go through court cashier. i have heard that his 2nd wife has been awarded half of a profit sharing that he has and she is to receive it when she turns 60. i'm already 60 and wonder is there a way for me to be paid back alimony out of the profit sharing since i was married to him for 35 years. his 2nd marriage has been under 5 years. he owes me for december 2004 through now and still counting.
so i have 2 parts 1) how do i get back payments not paid and 2) how do i get him started back to paying though the court so it wont be so hard to get it started again.
i know i need a lawyer but as i'm disabled and have been since we divorced and only receive 400.00 in ssi income a month it would have to be pro bono or payment due when i receive money.. or have him be ordered to reimburse the lawyer and court fees.
please help with advise on how to proceed
  #2  
Old 05-29-2006, 05:25 PM
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Quote:
Originally Posted by dpnalley
1) how do i get back payments not paid
You are going to have to domesticate your NC judgment into his state, then use his state laws to pursue enforcement.

Quote:
how do i get him started back to paying though the court so it wont be so hard to get it started again.
He is beyond the reach of your state courts, so that is NOT going to happen.
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Last edited by JETX; 05-29-2006 at 05:29 PM.
  #3  
Old 05-29-2006, 10:05 PM
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Out of curiousity, how OLD is he, as you are over 60? Do you know he's well and capable of paying - and not laying in a hospital following some valve replacement or multiple bypass? What is your plan for if he's incapacitated and can't continue to pay you?
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  #4  
Old 06-01-2006, 12:58 AM
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Join Date: May 2006
Location: south carolina
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my daughter talks with him every couple of months and he seems to be in quite good health. in fact he talks to her about going back to bible college. and as for his age he is 59 will be 60 in december.... and as for how i'm making it my daughter is taking care of me. and i don't think its fair to her, when he should be paying... and is able to work.
  #5  
Old 06-01-2006, 02:19 PM
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My X moved to FL and I got a divorce in AR. I had to get my AR divorce entered into the FL courts in order to make him pay me. I did mine pro se with a lot of research on my computer and taking advantage of all the information I could get out of the County Clerks office where he lived. Sometimes they can tell you what you need to file and where to find it. Good Luck.
  #6  
Old 06-03-2006, 03:06 PM
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Quote:
Originally Posted by nextwife
Out of curiousity, how OLD is he, as you are over 60? Do you know he's well and capable of paying - and not laying in a hospital following some valve replacement or multiple bypass? What is your plan for if he's incapacitated and can't continue to pay you?
And to expand on your last comment, what is our poster going to do if the guy dies?
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  #7  
Old 06-03-2006, 07:24 PM
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Quote:
Originally Posted by VeronicaGia
And to expand on your last comment, what is our poster going to do if the guy dies?
Well, the court should have calculated her life expectancy and totaled all the alimony payments based on that.

Then the court should have ordered him to buy life insurance on himself (naming her as irrevocable beneficiary) with a face value of 5 times the alimony amount.

That should take care of this situation very nicely.
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