long term marriage

[Rogelio Castro]

What is the name of your state? California

I just got divorce from a long term marriage 13 years.
she never work during all those years, I never prevent her from doing so.

the divorce was final last Jan 05, but I started paying Alimony since Jan 04.
we sold the family property which she took 1/2 or the proceeds a total of 125K after paying all the comunity bills.
can the house proceeds be taken in consideration to modify the lengt of Alimony ?

 

[bulldogg70]

Dude you sound bitter now, look stop beating the dead horse, its time to move on. The court heard your case and made its decision, not it is time to accept it and get on with your life. Go hang out on the beach look at the pretty women, or men and get your life back together.

 

[Rogelio Castro]

it was not a court decision

Thanks for your comment, but the reason I ask is because it was not a court desision, the divorce was final and the alimony was agreed on before we sold the house.
now if I can get a constrcutive advise it would be great.

Thanks.

 

[LdiJ]

Thanks for your comment, but the reason I ask is because it was not a court desision, the divorce was final and the alimony was agreed on before we sold the house.
now if I can get a constrcutive advise it would be great.

Thanks.

You agreed to the alimony...it is now court ordered....you don't get a "do over".

 

[ENASNI]

hey

Yeah I know Alimony is a touchy subject here.
but Rogelio is also struggling with trying to see his kids.

easy now..

 

[Rogelio Castro]

it is out of curiosity

so is it posible or not, there are attournies out there that sugest that Alimony payments or term can be reduced, all I want to know is a second opinion.
I do understand that alimony was made to help the other half to get back in her feet and to become self suported.
I do agree with that and I'm more than whiling to help.

the atourney that procees my divorce told me that it was going to take at least half the years of the marriage for alimony payments, but we didn't take in consideration the house proceeds.

if any one can put some light in to the shade it would be great.

Thanks

 

[Pam1948]

so is it posible or not, there are attournies out there that sugest that Alimony payments or term can be reduced, all I want to know is a second opinion.
I do understand that alimony was made to help the other half to get back in her feet and to become self suported.
I do agree with that and I'm more than whiling to help.

the atourney that procees my divorce told me that it was going to take at least half the years of the marriage for alimony payments, but we didn't take in consideration the house proceeds.

if any one can put some light in to the shade it would be great.

Thanks

The court ordered the alimony . You have to pay that..... If that house was in both names while married, She would be getting her half anyway in court Plus Alimony. YOU BOTH CAN DO WHAT YOU WANT WITH YOUR HALF.

 

[Tayla]

Your inquiry is worthy of legal advisal. Take your agreement to an attorney. He/she will best be able to intrepret and guide you on how to motion the courts. Nothing is written in stone and you CAN request to the courts to review based on change in living (income) ....

 

[LdiJ]

Your inquiry is worthy of legal advisal. Take your agreement to an attorney. He/she will best be able to intrepret and guide you on how to motion the courts. Nothing is written in stone and you CAN request to the courts to review based on change in living (income) ....

There isn't a change in her living...she got her half of the marital assets...which was completely valid and completely separate from alimony.
He knew when he agreed to the alimony that she would be recieving her half of the marital assets. Yes, he certainly can take it to an attorney to see what the attorney thinks...however if the only change is that she got her half of the marital assets....then it isn't going to fly.

 

[Tayla]

Direct and to the Point: No where in my post DID I say it was ABOUT HER Living circumstances. Either party CAN petition the courts when a modification to alimony is requested. Whether he has a chance BASED SOLELY on the division of the property assets is probably not in his favor.

 

[stephenk]

no judge will modify support payments that have only been ordered since January 2005. her receiving half of the community property is not a change of circumstances to justify modifying the support order.

 

[doe peep]

I live in California. I am a freshly divorced, hardworking woman, am with a guy who's divorcing (what a nightmare); and have friends who are divorced...yucky word huh???!!!

From what my lawyer told me, as long as a judge sees it reasonable, a couple is free to make peaceful agreements like the one you suggest.

Also, you may want to ask about what I was told of there being some kind of 2 year window for changes in divorce settlements. I have a friend (in Washington) who agreed to walk away from everything out of guilt, as she was leaving her husband for another man. She never worked but took care of their 4 girls, and her parents spotted them 10's of thousands of dollars over the years. She never asked for any compensation, and was intimidated into thinking she wouldn't get the kids. They did their divorce themselvles and she never saught legal council. In her behalf I asked my lawyer, who said she could have had things changed if she contests within a 2 year window.

It was too late for her. But sounds like your divorce is not that old. If your ex got half the house, and still gets to collect allimony...lucky her! Anyway, as I understand it, maybe she could agree to more of the equity for less or no allimony??? I can't imagine it would hurt to ask! Even after the fact. Good luck to you!

 

[LdiJ]

Anyway, as I understand it, maybe she could agree to more of the equity for less or no allimony??? I can't imagine it would hurt to ask! Even after the fact. Good luck to you!

That would actually be a bad move for him, tax wise. Property settlement monies are not tax deductable. Alimony is....

 

[Shel77]

The problem I see in all this is that (now I am sure someone will correct me if I'm wrong) even if you did not sell the house someone would have to buy the other one out and when alimony was decided upon that was a given, you are both not going to live there together and you own it 50/50 so either you would have paid her 125k to buy out her stake in the home, or you would have (as you did) sell the house and split the profits so nothing happened that was not expected.