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  #1  
Old 06-06-2005, 02:10 PM
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Temporary alimony hearing / bankruptcy


What is the name of your state? UT

Ex-wife filed for bankruptcy right after winning Temporary Alimony. My attorney said we can go back to court on it now. How likely is it that the alimony will be reduced with her new budget? ( The new budget she submitted to BK court is substancially less than what she submitted a couple of months before to Family court.)

I am already showing no ability to pay alimony, with just living expenses and bills before divorce. The alimony amount was decided by her deficit on her inflated budget. Now, the fact she inflated her budget is proven by submitting under oath the more correct budget.

Anyone been through something similar? Any guidance would be appreciated!
  #2  
Old 06-06-2005, 03:40 PM
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Quote:
Originally Posted by DIVORCEACIDE
What is the name of your state? UT

Ex-wife filed for bankruptcy right after winning Temporary Alimony. My attorney said we can go back to court on it now. How likely is it that the alimony will be reduced with her new budget? ( The new budget she submitted to BK court is substancially less than what she submitted a couple of months before to Family court.)

I am already showing no ability to pay alimony, with just living expenses and bills before divorce. The alimony amount was decided by her deficit on her inflated budget. Now, the fact she inflated her budget is proven by submitting under oath the more correct budget.

Anyone been through something similar? Any guidance would be appreciated!
First off, how long were you married? Does she work? Has she been gainfully employed for the duration of the marriage? Is your attorney pushing for a definite end to alimony in any of the following ways: A certain amount of months or years, if she or you dies, if she cohabitates with a person of the opposite sex, if she remarries? You want to see a definite end date to alimony, and try not to agree for a certain amount of years unless cohabitation or remarriage stops it no matter what.

For instance, a person recently here was ordered to pay until July 2006. His wife remarried, but since that clause was not in the order, he still has to pay. Now she has the support of her ex husband and her current husband.....
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  #3  
Old 06-06-2005, 03:50 PM
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Thanks for your response!


13 years; yes; yes.
  #4  
Old 06-06-2005, 03:59 PM
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Quote:
Originally Posted by DIVORCEACIDE
13 years; yes; yes.
Then I think the court needs to know about the bankruptcy. Have proof ready, since it is a public document. Does this bankruptcy put you both about even in your lifestyles? That may make a difference. For instance, say you make more than she, but since the bankruptcy, her disposable income is about the same as yours, why should you pay at all? Also, does this bankruptcy affect you? Your credit in any way? She could have made a big mistake if it does.

If you offer alimony (which I am against) do your best to make it very short term. Talk to your attorney about it and do some research on UT case law by going to [url]www.findlaw.com[/url]. You'll have to create a user name and password and supply a valid e-mail address, but it's free and they don't bug you. Search for UT Alimony, UT divorce, things like that. You can search under your circuit and your state supreme court. Be knowledgeable going into this.
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"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  #5  
Old 06-06-2005, 04:23 PM
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Thank You Veronicagia!


It will effect my credit since I am on the house and second mortgage with her.

It will make over a $800.00 diference in her disposable income. The alimony ordered was $400.00 a month.


Thank you, thank you, thank you!
  #6  
Old 06-06-2005, 04:42 PM
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Quote:
Originally Posted by DIVORCEACIDE
It will effect my credit since I am on the house and second mortgage with her.

It will make over a $800.00 diference in her disposable income. The alimony ordered was $400.00 a month.


Thank you, thank you, thank you!
You're welcome! (Maybe you should file for alimony now... )
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"I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  #7  
Old 06-07-2005, 08:30 AM
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You have been a big help!


Thanks but I don't need someone to support me.
  #8  
Old 06-07-2005, 12:30 PM
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Quote:
Originally Posted by VeronicaGia
Also, does this bankruptcy affect you? Your credit in any way? She could have made a big mistake if it does.



What did you mean by this? How would it be a mistake?
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