Non payment of Alimony

[prattfall]

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

After being married for 35 years my husband and I decided to go our seperate ways.

We have been divorced now for about 6 months with a signed agreement in the divorce settlement by my husband to pay $1,467 a month in alimony.

We both have income properties. However, what I receive in rental is not enough to get me by on.

My husband receives unemployment and Social security benefits plus rental income.

He has decided not to pay me anymore as in his own words Quote "Alimony is based on income, but when income is negative, I cannot draw from savings to pay you". He had to pay property taxes that month, and so did I.

He receives nearly $3,000 more than I do every month.

Getting a job for myself at the age of 70 is impossible, and I haven't worked for many years.

What are my chances of claiming this, and if so, what forms do I need to fill out.

I would appreciate any help you can provide in this matter.

 

[ecmst12]

Sounds like you need to file for contempt.

 

[candg918]

You mention only rental income coming to you. If he is retired and collecting SS benefits, why are you not receiving a spouse's share as well? Also,why were the retirement accounts and pensions not accounted for in the divorce?

 

[nextwife]

Getting a job for myself at the age of 70 is impossible

How much younger than 70 is HE that you don't believe he getting a job will be nearly impossible?

Frankly, by age 70, you both should be positioning yourself so that your social security and whatever other retirement accounts you have should be sufficient WITHOUT depending on earned incomes (yours or his). Have you downsized your housing, and discretionary expenses, as anyone of retirement age should be doing? Why the disproportionate income, if he is on unemployment? You and he would have received equal shares of each other's marital retirement accounts , or other offsetting assets of comparable value.

Was there no agreement/provision regarding alimony adjustment at retirement? You would both be receiving social security and retirement income and neither be dependent on earned income at that point. By 70 or older, disproportionate earned income should be fairly irrelevant.

 

[EnforceSupport]

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

What are my chances of claiming this, and if so, what forms do I need to fill out.

I understand that your ex is not paying the $1,467 in alimony which was court ordered. I don't know exactly what you mean by, "claiming this". But, I'll assume your question is essentially, asking for help in enforcing the $1467 order.

Let me suggest two things, both based on the same enforcement mechanism.

Obtain from the court an Income Withholding Order. (I can't advise on the process for this. In some courts this will be issued as a matter of course without appearance whenever you have a previously issued support order. In others, it will require a hearing, and yet others it can be submitted with a copy of the original order, and the court will issue by return mail and not require a hearing.)

Once you get it, have it served on Social Security. In many states (I know "don't talk about other states"), this will create an effective garnishment against your ex's social security benefits, such that you will receive up to 1/2 (even up to 65% in some circumstances), up to the amount of the order -- in your case, $1,467 -- assuming you are garnishing for current and not arrears.
This garnishment will actually reduce what your ex receives, and it will be paid to you instead, and is completely distinct from whatever social security you may be receiving either under your own earned benefits, or, under those as a result of your ex spouse's earning and contribution history.

The other thing you can probably do is have the Income Withholding Order served on the tenants of his rental income. (This will really upset the ol' apple cart) This is often allowable because in many states, the definition of 'earnings' to which an income withholding order applies, includes broad earnings and income, including such things as rent. This will not work if your ex's rental property is owned by a corporation, LLC or partnership, even if such entity is solely owned by your ex. (Because in those cases, the tenants will be paying the entities, and not your ex, therefore, there is nothing to 'assign'.)

So, here's what I'm saying. In all liklihood, there is a very easy solution to your problem. However, to really navigate the system, you should seek assistance from either your local courthouse, a legal clinic, or an attorney. Whatever you do, be aware that by seeking to enforce, if your ex is entitled to a downward modification, he may seek it. However, if he's not paying what's owed, and you need the money, then you probably should take action to enforce, even if it means he'll try to reduce.

 

[prattfall]

alimony

Thank you so much for your help, I really appreciated the advice you have given me.

Terry

 

[prattfall]

I understand that your ex is not paying the $1,467 in alimony which was court ordered. I don't know exactly what you mean by, "claiming this". But, I'll assume your question is essentially, asking for help in enforcing the $1467 order.

Let me suggest two things, both based on the same enforcement mechanism.

Obtain from the court an Income Withholding Order. (I can't advise on the process for this. In some courts this will be issued as a matter of course without appearance whenever you have a previously issued support order. In others, it will require a hearing, and yet others it can be submitted with a copy of the original order, and the court will issue by return mail and not require a hearing.)

Once you get it, have it served on Social Security. In many states (I know "don't talk about other states"), this will create an effective garnishment against your ex's social security benefits, such that you will receive up to 1/2 (even up to 65% in some circumstances), up to the amount of the order -- in your case, $1,467 -- assuming you are garnishing for current and not arrears.
This garnishment will actually reduce what your ex receives, and it will be paid to you instead, and is completely distinct from whatever social security you may be receiving either under your own earned benefits, or, under those as a result of your ex spouse's earning and contribution history.

The other thing you can probably do is have the Income Withholding Order served on the tenants of his rental income. (This will really upset the ol' apple cart) This is often allowable because in many states, the definition of 'earnings' to which an income withholding order applies, includes broad earnings and income, including such things as rent. This will not work if your ex's rental property is owned by a corporation, LLC or partnership, even if such entity is solely owned by your ex. (Because in those cases, the tenants will be paying the entities, and not your ex, therefore, there is nothing to 'assign'.)

So, here's what I'm saying. In all liklihood, there is a very easy solution to your problem. However, to really navigate the system, you should seek assistance from either your local courthouse, a legal clinic, or an attorney. Whatever you do, be aware that by seeking to enforce, if your ex is entitled to a downward modification, he may seek it. However, if he's not paying what's owed, and you need the money, then you probably should take action to enforce, even if it means he'll try to reduce.

Thank you for your advice, I really appreciated this info.

 

[Silverplum]

EnforceSupport hasn't provided any actual state-specific answers, just "general blather." But that's ok. S/He "knows."

State-specific info for enforcing alimony payments:


http://www.courts.state.co.us/Self_Help/Index.cfm

http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/186
or
http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/79

 

[EnforceSupport]

Thank you for your advice, I really appreciated this info.

My pleasure.