Alimony Order

[Accent]

A friend of mine cheers me up by saying, "you'll have your day in court". The issue is an alimony Pendente Lite. The day comes and the issue is heard. The court rules that I am to pay temporary alimony which exceeds my monthly net disposable income by over $1200 each and every month. Additionally, since the motion had been postponed dating back to September 5th, I am ordered to pay over $4,000 in back payments - money which I do not have.

In my state the court must consider (1) the ability to pay, (2) the standard of living, (3) the economic circumstances of the payor, (4) a review of the debts and liabilities and (5) whether it is (a) fit, (b) reasonable and (c) just.

While I have no problem with paying child support for a 23 year old attending nursing school and a 16 year old in high school and accepting the fact my 19 year old, living with me, working for low wages, needs finacial help as well and is considered legally emancipated whereby I receive no credit for her maintenance, the alimony award causes me to become insolvent.

Since the alimony award must be paid through the local probation department, if not paid I presume the courts can issue a warrant for my arrest. I hold professional licenses and if arrested, would jeopardize my ability to earn a living. If I cannot earn a living, then I cannot pay child support or alimony.

My questions is: does anyone have any advice, legal or otherwise, (with the exception of getting a new lawyer)or has anyone been in a similar situation and if so, how was it handled?

I can't wait for my next day in court.....

 

[I AM ALWAYS LIABLE]

A friend of mine cheers me up by saying, "you'll have your day in court". The issue is an alimony Pendente Lite. The day comes and the issue is heard. The court rules that I am to pay temporary alimony which exceeds my monthly net disposable income by over $1200 each and every month. Additionally, since the motion had been postponed dating back to September 5th, I am ordered to pay over $4,000 in back payments - money which I do not have.

In my state the court must consider (1) the ability to pay, (2) the standard of living, (3) the economic circumstances of the payor, (4) a review of the debts and liabilities and (5) whether it is (a) fit, (b) reasonable and (c) just.

While I have no problem with paying child support for a 23 year old attending nursing school and a 16 year old in high school and accepting the fact my 19 year old, living with me, working for low wages, needs finacial help as well and is considered legally emancipated whereby I receive no credit for her maintenance, the alimony award causes me to become insolvent.

Since the alimony award must be paid through the local probation department, if not paid I presume the courts can issue a warrant for my arrest. I hold professional licenses and if arrested, would jeopardize my ability to earn a living. If I cannot earn a living, then I cannot pay child support or alimony.

My questions is: does anyone have any advice, legal or otherwise, (with the exception of getting a new lawyer)or has anyone been in a similar situation and if so, how was it handled?

I can't wait for my next day in court.....

My response:

It would have been nice to know your State.

However, file an appeal and a "stay" pending that appeal.

That's you're only hope.

IAAL

 

[Accent]

Thanks

IAAL,

Thanks for the input. Incidentally, the state is New Jersey. There will be an appeal...time will tell. Thanks.

Accent

 

[Russ1]

Iam in the same situation and in the process of filing a appeal in Utah. The only difference is the judge in Utah warded support to my X afer I was divorced in Texas over a year ago. Besides that they based my support on my income in Utah which was for a company I worked at for 8 months. They decided that $1,400 a month for 19 years would be fare. One child which is going on 18 so child support is not a issue and has always been paid and probably will after she is 18. Email we can discuss [email protected]
So much for full faith and credit to another state's court order, mormons think they have their own laws.

 

[Russ1]

Iam in the same situation and in the process of filing a appeal in Utah. The only difference is the judge in Utah awarded support to my X afer I was divorced in Texas over a year ago. Besides that they based my support on my income in Utah which was for a company I worked at for 8 months. They decided that $1,400 a month for 19 years would be fare. One child which is going on 18 so child support is not a issue and has always been paid and probably will after she is 18. Email we can discuss [email protected]
So much for full faith and credit to another state's court order, mormons think they have their own laws.