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  #1  
Old 04-23-2003, 09:24 PM
DAV33
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Unhappy

Need Help


What is the name of your state? New York

I have a question, my husband has been paying alimony for almost 30 years, (first it was child support, then reverted to alimony) He has recently been laid off and because of the job market and his field of business, jobs are not easy to come by. He is on socical security (which his ex collects on it also) and just started to receive unemployment insurance. She is taking him to court for failure to pay support, now we are lucky if we can meet all our bills, we have no assets so what will happen? Can they go after his unemployment? Also I have income in my name and I work can they touch that? Oh, he gets a very small annuity payment each month from his IRA can that be touched? We are not trying to hide anything and wish this did not happen but we just do not have the money to pay. Any comments would be greatly appreciated.

DAV33
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  #2  
Old 04-24-2003, 09:37 AM
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First and foremost, are all of your assets kept separately, like checking accounts, savings accounts and the like? If not, separate them now. If so, keep them that way.

He's going to need an attorney to fight for him. He needs to ask for a modification of support, Why did he ever allow himself to be stuck in this situation where child support was converted to spousal support?

Get an attorney who specializes in family law.
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  #3  
Old 04-24-2003, 10:44 AM
Gilly Bean
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I'm torn on the issue of alimony to begin with. My husband is totally against it, seeing what his father went through, and what his friends fathers went through. I've never seena nyone first hand go through it. I'm just confused over one thing.. how is it that it's been going for 30 years?

Is there a way to get it terminated? Talk to a lawyer before they sue him, and find out his rights. 30 years seems a bit long in the grand scheme of things. Also, in some states, Alimony works similiar to child support, where as they can put it on a sliding fee, depending on how much the husband makes, how much the wife makes, and what children factor in.

If he's not making anything, then it should at the very least be reduced. He shouldn't be expected to support two families, one of which hasn't even been his own in 30 years. It's not even like children are a factor anymore.

Basically, as mentioned above, seperate your assets, as I don't believe they can force you to pay for his ex wife. Put most of the money, house, cars, etc, all in your name for now. There's no harm in it at all.
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  #4  
Old 04-24-2003, 12:49 PM
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back in the "olden days" they awarded alimony until the wife remarries. My mother should still be recieving alimony to this day, 25 years later.I say "should" because my father dissapeared and has never paid it or the child support due for that matter.

if she so desires she could put a lean on any property he has to be paid what she is owed.

in this current day and age though I do think alimony is completely outdated as women have much better oppurtunity to support themselves.
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Old 04-24-2003, 01:15 PM
DAV33
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Thank-you for your replies, first it was a very messy time in the begining, she would not even sign the separation agreement. The only way she signed is if it was stated that once the children were grown she would get that as alimony. She had a problem with drinking so she has not been working. My husband was making very good money, so we just never modified the agreement. But what I am concerned about is his unemployment benefits, can they be touched? We are just making ends meet ourselves. Let me put it this way we have nothing extra each month to pay to her for the time being. At least when he does find a job, we will make sure the payments are reduced. He is going to a lawyer (once we borrow some money) but for now I just wanted to get some input.

Thank-you

DAV33
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