How to force Alimony Payment with Proof of new income?

[robynlynn007]

Jurisdiction/Place: USA - Georgia

Alimony payer is paying 1/3 of court decreed alimony due to supported spouse, claiming the recession is effecting his income, and health issues, such as hearing loss, that effect his ability to create income (he has his own business which involves sales, claims health problems and lack of current skills for the marketplace prevent him from finding more work to supplement income). This is not enough to pay rent and groceries even with supported spouse working to the best of her opportunity (note: she has already moved into subsided living, so she is not asking for unreasonable amount). Alimony payer has an investment account from before the divorce that has since more than doubled in amount due to son-in-laws account handling, which he did specifically to create wealth to be provided to supported spouse, otherwise, son-in-law and daughter would be the only other family members able to support supported spouse, which they do not have the means to do either. So, son-in-law called alimony payer and requested that he use part or all of the proceeds to make back pay of alimony due, and son-in-law would continue to account handle and grow the account in the future. Alimony payer refused, stating he had no idea until a few days ago that the account has so much money in it now, and he needs that money to survive himself.

Question is: Can we take this information to the courts in a timely manner, ie. before he spends all the money or hides it, and force him to pay supported spouse the back pay of alimony? Or can he just go in there and plead that he would be homeless without it, blah blah blah - which is more pressing for supported spouse that has an apartment that must be paid each month. He got the house.

Notes: Marriage was over 35 years. Alimony payer cheated entire time of marriage - reason for divorce. Court ordered alimony at time of divorce until death of either party.

Thanks in advance for TIMELY responses. Again, we are afraid he will run with this money we have earned him.

[Ohiogal]

You can't do anything apparently. Because YOU don't appear to be a party.

[LdiJ]

Originally Posted by robynlynn007

Jurisdiction/Place: USA - Georgia

Alimony payer is paying 1/3 of court decreed alimony due to supported spouse, claiming the recession is effecting his income, and health issues, such as hearing loss, that effect his ability to create income (he has his own business which involves sales, claims health problems and lack of current skills for the marketplace prevent him from finding more work to supplement income). This is not enough to pay rent and groceries even with supported spouse working to the best of her opportunity (note: she has already moved into subsided living, so she is not asking for unreasonable amount). Alimony payer has an investment account from before the divorce that has since more than doubled in amount due to son-in-laws account handling, which he did specifically to create wealth to be provided to supported spouse, otherwise, son-in-law and daughter would be the only other family members able to support supported spouse, which they do not have the means to do either. So, son-in-law called alimony payer and requested that he use part or all of the proceeds to make back pay of alimony due, and son-in-law would continue to account handle and grow the account in the future. Alimony payer refused, stating he had no idea until a few days ago that the account has so much money in it now, and he needs that money to survive himself.

Question is: Can we take this information to the courts in a timely manner, ie. before he spends all the money or hides it, and force him to pay supported spouse the back pay of alimony? Or can he just go in there and plead that he would be homeless without it, blah blah blah - which is more pressing for supported spouse that has an apartment that must be paid each month. He got the house.

Notes: Marriage was over 35 years. Alimony payer cheated entire time of marriage - reason for divorce. Court ordered alimony at time of divorce until death of either party.

Thanks in advance for TIMELY responses. Again, we are afraid he will run with this money we have earned him.

The party that is to receive alimony can take him to court for contempt for not paying the full alimony...and should do it as rapidly as possible.

[robynlynn007]

Originally Posted by Ohiogal

You can't do anything apparently. Because YOU don't appear to be a party.

Clearly I am asking for a relative that is not computer savvy but still needs a helpful answer to this question, thanks for stating the obvious. I am not planning on doing anything, but she still needs a plan...

I would appreciate helpful and knowledgeable advice if possible.

[robynlynn007]

Originally Posted by LdiJ

The party that is to receive alimony can take him to court for contempt for not paying the full alimony...and should do it as rapidly as possible.

Our fear with this is he will simply claim his health problems and inability to create income for himself. So he needs the investment account money to live on himself and has nothing left over to pay alimony with. Then he could just start the process of lowering/stopping altogether his payments, couldn't he?

[LdiJ]

Originally Posted by robynlynn007

Our fear with this is he will simply claim his health problems and inability to create income for himself. So he needs the investment account money to live on himself and has nothing left over to pay alimony with. Then he could just start the process of lowering/stopping altogether his payments, couldn't he?

The only way to force him to pay is to take him to court for contempt. There is no other method. Yes, he could try to modify the alimony order but he might not get very far with that.

How old are each of them?

[robynlynn007]

Originally Posted by LdiJ

The only way to force him to pay is to take him to court for contempt. There is no other method. Yes, he could try to modify the alimony order but he might not get very far with that.

How old are each of them?

55 years old, both have health issues that effect work and ability to find work. But she has managed to find a job, and he seemingly not doing much at all to advance his own business or to try to find other work.

[nextwife]

EVERY person gets elderly, and they can potentially lose their health and ability to support another. What has "supported spouse" been doing to prepare herself since the divorce, for the day he can't pay support? He could have a stroke, a heart attack, get hit by a bus. She REALLY needs a better plan than only relying on what he can or can't pay her.

As stated, how old is she? I have many friends who have been married thirty to thirty five years, and all, male and female are WORKING full time, if able bodied. If she is able bodied and he is not, shouldn't she be doing more to support herself?

[Bali Hai]

Originally Posted by nextwife

EVERY person gets elderly, and they can potentially lose their health and ability to support another. What has "supported spouse" been doing to prepare herself since the divorce, for the day he can't pay support? He could have a stroke, a heart attack, get hit by a bus. She REALLY needs a better plan than only relying on what he can or can't pay her.

As stated, how old is she? I have many friends who have been married thirty to thirty five years, and all, male and female are WORKING full time, if able bodied. If she is able bodied and he is not, shouldn't she be doing more to support herself?

Supported spouse doesn't want to hear excuses from supporting spouse.

Supported spouse wants to remain just that, SUPPORTED!!

IF supporting spouse becomes unable to work for supported spouse any longer or dies, supported spouse will deal with that when it happens.

[Ohiogal]

Originally Posted by robynlynn007

Clearly I am asking for a relative that is not computer savvy but still needs a helpful answer to this question, thanks for stating the obvious. I am not planning on doing anything, but she still needs a plan...

I would appreciate helpful and knowledgeable advice if possible.

Clearly you are not a party and are interfering where you have no legal right to be. Clearly your relative could take her ex to court for contempt. She may lose but that is not our problem.

[robynlynn007]

Originally Posted by nextwife

EVERY person gets elderly, and they can potentially lose their health and ability to support another. What has "supported spouse" been doing to prepare herself since the divorce, for the day he can't pay support? He could have a stroke, a heart attack, get hit by a bus. She REALLY needs a better plan than only relying on what he can or can't pay her.

As stated, how old is she? I have many friends who have been married thirty to thirty five years, and all, male and female are WORKING full time, if able bodied. If she is able bodied and he is not, shouldn't she be doing more to support herself?

AS STATED, she has manged to find a job, she was working two until it nearly killed her, literally. The supporting spouse on the other hand, is not working, but has his own business, so you cannot prove it. He just says business is bad. The siblings that live in the house with him, however, say otherwise.

And I agree with the other commenter that quoted you...supported spouses dont want to hear excuses. Supported spouse has plenty of reason to give her own excuses and to sit back and live off the alimony, PLENTY, but she does not. She is killing herself trying to not only make enough money to live off of, but to save so she can tell supporting spouse to get out of her life for good. I do not appreciate the attacks of my mother (the supported spouse) when you have no idea the situation. AND, I stated before your comment that she WAS working. If you cant help, please dont comment at all. Dont you think the situation is already hurtful enough. Respect, people.

[robynlynn007]

Originally Posted by Ohiogal

Clearly you are not a party and are interfering where you have no legal right to be. Clearly your relative could take her ex to court for contempt. She may lose but that is not our problem.

You are a disrespectful person, and I have no further comment to your rants. Go harass another poster. Your signature says you are a professional. Who would hire you? Certainly not me, you seem to gain pleasure from making a terrible, hurtful situation more so for the VICTIM. Does it make you feel good to abuse your little bit of power? Get over yourself. And get off my post. You are a mean, bad person to the core.

[robynlynn007]

Thank you to all those who tried to be helpful. We will be proceeding with this to the best of our ability. Good luck to all those in a similar situation.