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Temporary alimony hearing / bankruptcy

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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! :)
 


VeronicaGia

Senior Member
DIVORCEACIDE said:
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.....
 

VeronicaGia

Senior Member
DIVORCEACIDE said:
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 www.findlaw.com. 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.
 
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!
 

VeronicaGia

Senior Member
DIVORCEACIDE said:
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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