Must I sleep in my car to pay her alimony?

[mark3324]

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

I've been mostly unemployed since Fall of 2013. My alimony is $5800 a month (which I have never netted, not even grossed, in ten years). I make a bit of income here and there and instead of specific alimony payments I pay for things like utilities, car insurance, etc., but I'm way behind on alimony. I have an apartment for $700 a month, not including electric and internet. She has the house entirely, and it's up for sale for over $440K. I am not entitled to any proceeds from the sale. I have no assets other my my clothes, my car (worth about $600 and I can't even drive it in the rain because the wipers don't work), a laptop, and penny stocks worth about $175.

Sometimes she threatens to call the sheriff and have me thrown in jail: Her contention is if I don't pay I am *automatically* in contempt and they can "take me away" immediately. It is my understanding that it doesn't work like that: There is the motion, response, hearing, show of willingness, and so on: It is the judge who says I'm in contempt or not.

This may sound facetious but I am dead serious: Must I give it all up and live in a shelter or live in my car to pay her?

By the way, if you're wondering (a) why I don't ask my lawyer, and (b) how did I get such a one-sided decree, the answer is I could not afford a lawyer myself.

 

[single317dad]

Let this be a lesson to all who, in the future, believe they can't afford an attorney. As you're well aware, attorney fees up front would have been much cheaper than the alimony you've been forced to pay since. I've revised and co-opted an old saying for my own use: "The best time to hire an attorney was before the hearing; the second-best time is now."

As far as the procedure goes, you're correct: the police won't come and take you away for falling behind on your alimony, until the judge tells them to.

Did you agree not to seek future changes to alimony in the original agreement?

 

[Bali Hai]

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

I've been mostly unemployed since Fall of 2013. My alimony is $5800 a month (which I have never netted, not even grossed, in ten years). I make a bit of income here and there and instead of specific alimony payments I pay for things like utilities, car insurance, etc., but I'm way behind on alimony. I have an apartment for $700 a month, not including electric and internet. She has the house entirely, and it's up for sale for over $440K. I am not entitled to any proceeds from the sale. I have no assets other my my clothes, my car (worth about $600 and I can't even drive it in the rain because the wipers don't work), a laptop, and penny stocks worth about $175.

Sometimes she threatens to call the sheriff and have me thrown in jail: Her contention is if I don't pay I am *automatically* in contempt and they can "take me away" immediately. It is my understanding that it doesn't work like that: There is the motion, response, hearing, show of willingness, and so on: It is the judge who says I'm in contempt or not.

This may sound facetious but I am dead serious: Must I give it all up and live in a shelter or live in my car to pay her?

By the way, if you're wondering (a) why I don't ask my lawyer, and (b) how did I get such a one-sided decree, the answer is I could not afford a lawyer myself.

You are legally required to comply with court orders no matter how absurd they are.

 

[sandyclaus]

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

I've been mostly unemployed since Fall of 2013. My alimony is $5800 a month (which I have never netted, not even grossed, in ten years). I make a bit of income here and there and instead of specific alimony payments I pay for things like utilities, car insurance, etc., but I'm way behind on alimony. I have an apartment for $700 a month, not including electric and internet. She has the house entirely, and it's up for sale for over $440K. I am not entitled to any proceeds from the sale. I have no assets other my my clothes, my car (worth about $600 and I can't even drive it in the rain because the wipers don't work), a laptop, and penny stocks worth about $175.

Sometimes she threatens to call the sheriff and have me thrown in jail: Her contention is if I don't pay I am *automatically* in contempt and they can "take me away" immediately. It is my understanding that it doesn't work like that: There is the motion, response, hearing, show of willingness, and so on: It is the judge who says I'm in contempt or not.

This may sound facetious but I am dead serious: Must I give it all up and live in a shelter or live in my car to pay her?

By the way, if you're wondering (a) why I don't ask my lawyer, and (b) how did I get such a one-sided decree, the answer is I could not afford a lawyer myself.

Obviously, the court felt that the amount of alimony ordered was appropriate and affordable at the time it was ordered.

If you have a change in circumstances and cannot afford what was ordered, it is up to you to go back to court and ask that the order be modified.

 

[Ohiogal]

Obviously, the court felt that the amount of alimony ordered was appropriate and affordable at the time it was ordered.

If you have a change in circumstances and cannot afford what was ordered, it is up to you to go back to court and ask that the order be modified.

That only works if the spousal support is modifiable. Sometimes it is not.

 

[stealth2]

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

I've been mostly unemployed since Fall of 2013. My alimony is $5800 a month (which I have never netted, not even grossed, in ten years). I make a bit of income here and there and instead of specific alimony payments I pay for things like utilities, car insurance, etc., but I'm way behind on alimony. I have an apartment for $700 a month, not including electric and internet. She has the house entirely, and it's up for sale for over $440K. I am not entitled to any proceeds from the sale. I have no assets other my my clothes, my car (worth about $600 and I can't even drive it in the rain because the wipers don't work), a laptop, and penny stocks worth about $175.

Sometimes she threatens to call the sheriff and have me thrown in jail: Her contention is if I don't pay I am *automatically* in contempt and they can "take me away" immediately. It is my understanding that it doesn't work like that: There is the motion, response, hearing, show of willingness, and so on: It is the judge who says I'm in contempt or not.

This may sound facetious but I am dead serious: Must I give it all up and live in a shelter or live in my car to pay her?

By the way, if you're wondering (a) why I don't ask my lawyer, and (b) how did I get such a one-sided decree, the answer is I could not afford a lawyer myself.

It really would help to know what your order actually says wrt alimony.

I suspect that, somehow claims were made about your earning ability which you did not refute. You are currently effectively unemployed. Prior to this - were you underemployed?

 

[Proserpina]

OP, help us help you.


You were ordered to pay what I consider a massive amount of alimony which suggests that you were earning perhaps double the amount?

What happened?

 

[BigMouthWino]

Proserpina,

This is what stands out to me from the OP:

My alimony is $5800 a month

She has the house entirely, and it's up for sale for over $440K.

I have ... penny stocks worth about $175.

I think if you read between those lines you can pretty much discern what has gone on in OP's life to date.

 

[Proserpina]

Such is life.

 

[Just Blue]

Proserpina,

This is what stands out to me from the OP:






I think if you read between those lines you can pretty much discern what has gone on in OP's life to date.

With all those "facts" it still is unwise to presume what is going on in OP's life.

 

[Eekamouse]

You also have the option of "living in a van...down by the RIVER!"

 

[Proserpina]

With all those "facts" it still is unwise to presume what is going on in OP's life.

Remember that game from when we were kids?

First pile of cards: Funny names
Second pile: Weird actions
Third pile: Crazy results.

Kind of like:

My name is Denis the Menace, I eat chocolate and rabbit poo and my hair stands on end.

Neat game. Not so helpful on a legal board

 

[BigMouthWino]

Remember that game from when we were kids?

First pile of cards: Funny names
Second pile: Weird actions
Third pile: Crazy results.

Kind of like:

My name is Denis the Menace, I eat chocolate and rabbit poo and my hair stands on end.

Neat game. Not so helpful on a legal board

Wrong. If you don't think the OP dabbling in penny stocks has anything to do with not being able to afford his alimony payments you have the biggest blinders in history on.

 

[Just Blue]

Remember that game from when we were kids?

First pile of cards: Funny names
Second pile: Weird actions
Third pile: Crazy results.

Kind of like:

My name is Denis the Menace, I eat chocolate and rabbit poo and my hair stands on end.

Neat game. Not so helpful on a legal board

First pile: OP
Second: responces
Third?? BMW

 

[Just Blue]

Wrong. If you don't think the OP dabbling in penny stocks has anything to do with not being able to afford his alimony payments you have the biggest blinders in history on.

Many people play the penny, Give me a break BMW.