modification of alimony

[ewakrakow]

What is the name of your state? NM

Hello;

I am waiting for my final trial in the case which is lasting for 14 months already.
Case is about modification of marital agreement, case started by my ex, over 5 years after divorce.
Very long story . The subject of the trial are going to be alimony.
After 28 years of marriage my ex and I signed an agreement, which was drafted by my lawyer, filed to the court and it was all, we did not go to the court, my ex was abroad, I lived in another state, CA, judge signed the agreement and we were divorced.
About alimony, the paper says, my ex will pay $3000 every month regardless of my future
marital status. Later it says how and when he should pay. Nothing about length of alimony, or any another restrictions.
I got married 2 months after the divorce . And here I am, 14 months of nightmare, broke without any limits and dying of fear what is going to happen.
How easy to guess, opposite counsel is requesting the termination of alimony, basing on my remarriage. My lawyer ( third already hired by me in this case) is "feeling" that "we are having strong case, but with THIS judge you never know, and sure she is going to appeal
if the worse is going to happen."

Just to add some pieces of information, my ex makes more money now than he was making during the divorce. He got remarried and is having a child. Works abroad and his salary (150k range) is tax free .
He also wanted to take my house away from me, but after not ending battle, what I achieved was , the judge decided, the place is out of her jurisdiction .
One of the strongest points made by ex is "he did not have a lawyer when he signed an agreement", another words did not know what he was doing .( we are in our late 50')
To some extends I believe this is true, because I also did not know what I was doing, and I did not secured my position by divorce language, like permanent alimony and so one.
My present husband is having very modest business with the income more and less half of my alimony.
Any comments and predictions for me very appreciated, what can I expect and how bad it can be ?
Is it right so income of my present husband is taken into consideration when ex signed
"regardless of..." ?

Thanks in advance for the respond
greetings
evaWhat is the name of your state?

[LdiJ]

If your ex signed an agreement that said "regardless of marital status", then your attorney is correct, you do have a strong case.

However, a remarriage is normally an event that terminates alimony.

You also need to be aware that your ex's 150k income is NOT all tax free. The first 82k is excluded from tax, and the 36k that he pays to you is tax deductible, however the remaining 32k is taxable income. Therefore, unless he has a large amount of itemized deductions and exemptions, he is going to be paying some tax, and it will be at the marginal rate that would have applied if his entire income would have been taxable.

[Bali Hai]

Originally Posted by ewakrakow

What is the name of your state? NM

Hello;

I am waiting for my final trial in the case which is lasting for 14 months already.
Case is about modification of marital agreement, case started by my ex, over 5 years after divorce.
Very long story . The subject of the trial are going to be alimony.
After 28 years of marriage my ex and I signed an agreement, which was drafted by my lawyer, filed to the court and it was all, we did not go to the court, my ex was abroad, I lived in another state, CA, judge signed the agreement and we were divorced.
About alimony, the paper says, my ex will pay $3000 every month regardless of my future marital status. Later it says how and when he should pay. Nothing about length of alimony, or any another restrictions.
I got married 2 months after the divorce . And here I am, 14 months of nightmare, broke without any limits and dying of fear what is going to happen.
How easy to guess, opposite counsel is requesting the termination of alimony, basing on my remarriage. My lawyer ( third already hired by me in this case) is "feeling" that "we are having strong case, but with THIS judge you never know, and sure she is going to appeal
if the worse is going to happen."

Just to add some pieces of information, my ex makes more money now than he was making during the divorce. He got remarried and is having a child. Works abroad and his salary (150k range) is tax free .
He also wanted to take my house away from me, but after not ending battle, what I achieved was , the judge decided, the place is out of her jurisdiction .
One of the strongest points made by ex is "he did not have a lawyer when he signed an agreement", another words did not know what he was doing .( we are in our late 50')
To some extends I believe this is true, because I also did not know what I was doing, and I did not secured my position by divorce language, like permanent alimony and so one.
My present husband is having very modest business with the income more and less half of my alimony.
Any comments and predictions for me very appreciated, what can I expect and how bad it can be ?
Is it right so income of my present husband is taken into consideration when ex signed
"regardless of..." ?

Thanks in advance for the respond
greetings
evaWhat is the name of your state?

According to fairisfair, you should have had a much longer engagement than two months.

Was this short engagement because of the marital status clause in your decree?

Talk about wanting your cake and eat it too.

Getting a free ride for life no matter what the absurd circumstances could only happen to a woman.

[fairisfair]

Originally Posted by Bali Hai

According to fairisfair, you should have had a much longer engagement than two months.

Was this short engagement because of the marital status clause in your decree?

Talk about wanting your cake and eat it too.

Getting a free ride for life no matter what the absurd circumstances could only happen to a woman.

Hey funny guy. In this case, apparently a long engagement would not be required.

Would that be a WEDDING cake??? LOL

[fairisfair]

anybody else but me getting the phonetics of this poster's name?

[moburkes]

Originally Posted by fairisfair

anybody else but me getting the phonetics of this poster's name?

No, tell all.

[fairisfair]

Originally Posted by moburkes

No, tell all.

ew a krak ow
you a crack _______

[Ohiogal]

Originally Posted by moburkes

No, tell all.

Ew a crack ho.

[moburkes]

Originally Posted by fairisfair

ew a krak ow
you a crack _______

I kept coming up with cracker, like "white person". You're obviously of superior intelligence.

[fairisfair]

Originally Posted by moburkes

I kept coming up with cracker, like "white person". You're obviously of superior intelligence.

highly doubtful. Actually OhioG is phonetically correct.

[Bali Hai]

Originally Posted by fairisfair

highly doubtful. Actually OhioG is phonetically correct.

Smoking dope is probably why she is broke. She must have given the ex-husband a contact high when he signed that rediculous agreement.

[Ohiogal]

Originally Posted by moburkes

I kept coming up with cracker, like "white person". You're obviously of superior intelligence.

Color me stupid -- okay now that sounds bad but not intended to be -- but when my daughter was little I used to call her "cracker" because her initials are CKR. I never thought anything of it until my mother and grandmother started giving me looks and wanted to know why I was calling her that. Apparently in their generation "cracker" was -- maybe still is -- a racial slur.

[moburkes]

No pun intended, right?

[Ohiogal]

Originally Posted by moburkes

No pun intended, right?

Definitely not. No pun intended at all.