How to file for alimony?
Alimony is granted as part of a divorce proceeding. Alimony arrangements are generally agreed to by divorcing spouses in their marital settlement agreement or by court order by the court with jurisdiction over the divorce.
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Is a wife entitled to alimony if the couple have lived apart for 8 years and a dissolution petition was signed but not filed?
Answer . \nMaybe.\n. \nIf a legal separation or divorce decree was not granted by the court then the couple is still married. \n. \nSpousal maintenance (alimony) and other issues cannot be addressed until a valid dissolution of marriage petition is filed in the appropriate state court in the c…ounty where the filing spouse resides. (MORE)
You need to consult with an attorney who can review your situation and explain your options under your state laws.
How much can a wife take in alimony property finances etc. if SHE files divorce after realizing she wants to be free to date other people - California?
The fact that she was the one who filed for divorce and it's because she wants to date other people will have no bearing on property settlement or alimony.
Can your ex-wife wipe out what she owes you in back alimony and in future alimony by filing bankruptcy?
Answer . An alimony obligationcannot usually be discharged in bankruptcy, but must be paid infull, with two important exceptions.. If a divorce decree specifies that an obligation to a spouse isalimony, but the obligation is not actually in the nature ofalimony, then the obligation can be disch…arged in bankruptcy.. For example, if the divorce decree states that the husband is topay a marital debt to XYZ Corporation, and further specifies thatthe husband's payment of the debt shall be treated as alimony, thehusband may arguable have the ability to discharge such debt inbankruptcy even though the divorce decree calls his payment of thedebt alimony.. Also, in certain instances an ex-spouse may be able to dischargean alimony obligation if the obligation has been assigned to athird party.. For example, suppose John and Mary Doe divorce. John is orderedto pay Mary alimony of $500.00 per month. John does not pay thealimony and Mary, who needs the money, assigns the right to collectalimony to her father, who gives Mary the $500.00 per month inreturn for the assignment. Mary's father now owns the right tocollect the alimony from John. If John files bankruptcy then thealimony obligation can be discharged to the extent it has beenassigned to Mary's father.. The United States Bankruptcy Code (Title 11 of the United StatesCode) states in Section 523 that:(a) A discharge under Section 727,1141, 1228(a), 1228(b), or 1328(b) of this title does not dischargean individual debtor from any debt . . .(5) to a spouse, former spouse, orchild of the debtor, for alimony to, maintenance for, or support ofsuch spouse or child, in connection with a separation agreement,divorce decree or other order of a court of record, determinationmade in accordance with State or territorial law by a governmentalunit, or property settlement agreement, but not to the extent that (A) such debt is assigned to anotherentity, voluntarily, by operation of law, or otherwise (other thandebts assigned pursuant to Â§ 402(a)(26) of the Social SecurityAct, or any such debt which has been assigned to the FederalGovernment or to a State or any political subdivision of suchState); or. (B) such debt includes a liability designation as alimony,maintenance, or support, unless such liability is actually in thenature of alimony, maintenance or support . . . .. (MORE)
Washington Divorce law views spousal maintenance on the basis of what is called the "economic partnership model". However, it usually focusses on the length of the marriage. If the marriage is less than five years you very rarely get maintenance. The only time I see maintenance/alimony awarded in ma…rriages less than five years is where one party is unemployed or would end up on the street if their partner just left them. Even in those cases, the awarded at temporary orders reads something like: "The [husband/wife] shall pay to the wife maintenance in an amount of $500 for six months or until the wife secures full-time employment. If full-time employment has not been found in 6 months the [husband/wife] may petition the court for an extension but only for good cause shown." I have written orders like that many many times. At the temporary orders stage the judge or commissioner makes his or her ruling and says "Counsel, Write up the Orders". Tradition has it that the primarily prevailing party draws them up, although sometimes a lawyer much older than you will assume that he or she will do the honors. We then often times have to go back in and argue over them. But that is usually if the attorneys either don't know each other or one is inexperienced. As lawyers we also sit in the back of the courtroom and wait for our case to be called. During that time we talk with other attorneys about their cases or watch how the judges and commissioners decide other cases in Family Court. On the other hand marriages longer than 20 years almost always do involve some form of maintenance, or "evening out" of the income and assets over time. The goal of the Court in such long-term marriages is mainly to maintain the parties financial standing at the same level for a considerable time after the marriage. Spousal maintenance in Washington has traditionally been defined by an oft-quoted (and legally cited) bar journal article by Judge Windsor.It has been cited in many Washington divorce Supreme court cases. Recently, there has been discussion regarding a new metaphor. A recent (2006) Washington State Bar Journal article discusses the subject. To read the article click here. Maintenance can be highly discretionary and the cases I have dealt with on appeal have been difficult to overturn. That is basically the general concensus: the Judge or Commissioner must have really, really screwed up before they overturn it. Yes, you are thinking the right thing: it is very important to win at the lower levels. Don't sit back and comfort yourself that "If they make the wrong decision I can just appeal." This is not tax or corporate law. There are fewer analytical rules to follow. Answer I am almost positive that Washington is an alimony state because my 2nd husband pays for alimony and child support. And Washington is a state where the spouse who does not have custody of the minor children has to pay for half of the extra curriculum activities. That is in addition to child support. At least that is what my-soon-to-be ex-husband told me. (MORE)
The present day term for alimony is spousal support . This can be awarded to either spouse in a divorce proceeding depending on need, length of the marriage, the role of the parties in the marriage and ability to pay. If both parties are self sufficient alimony is not awarded. It may be awarded tem…porarily while one gets the necessary training or education to become self-sufficient. The original awards for alimony were granted under early English Common Law when women were not allowed to work and were kept in a state of dependency by their husband's and the law. The courts recognized that they had to allow women to separate from their husbands in serious cases of abuse or abandonment. Although divorce was rarely allowed, alimony was awarded because the wife had no way to support herself and her children. Men were forced to support the wives they had abused or abandoned. A married women (most women) had no way to earn a living and all her property was under the control of her husband. She owned nothing and had no legal existence outside the marriage. As time progressed, alimony was a means to equalize financial resources between the parties since traditionally a woman supported her husband's education and career and could in no way match the earning power he developed with her help and support. Alimony is not something you can simply apply for. In fact, most marriages that end in divorce do not involve alimony at all. You need to consult with an attorney who can review your situation and explain your options under your state laws. The decision will eventually be up to a judge. (MORE)
Answer A set amount of money paid from one spouse to another to help the lesser-earning spouse maintain a certain standard of living. Alimony is most common in situations where one spouse makes considerably more than the other. Also referred to as "spousal support". Answer Alimony is a payment mad…e by one spouse to another when they divorce. The amount is usually set by a judge. If one person in the relationship tends to make more money or supports the other person in the relationship the judge might order " alimony " to be paid to that person in order for them to continue living as they were. It is reguarded by most non lawyers as a punishment ordered by a judge to men and now some women because our legal industry makes vast sums of money off the litigation all the while caring nothing of the lives the destroy so one side can work 2 jobs while the other has to do nothing in return. It is what is known as justice (MORE)
Alimony in California is determined by presiding Judges andofficials. Alimony, of course, is mainly awarded to mothers withdependent children. These mothers, of course, have divorced theirhusbands, or have been abandoned or estranged by the biologicalfathers of their children. In order to receive al…imony, however,the mother has to prove hardship and not be in a position offinancial advantage. This course of action will be determined bythe mother's attorney or legal representative. (MORE)
If your ex is not working then I do not think you can get alimony...the whole point of alimony is for the "dominant" partner...as in the one that makes more money, to provide financial support for the other after a divorce, but if they are not making any money themselves then you cannot expect them …to be able to support you if they can barely support themselves. (MORE)
Be a woman, Tell the judge you want every dollar your ex will ever make, you don't want to ever work again, and it is your opinion that he should be punished for life. He will award you everything and anything you want, Also if you want more than that move to Florida, file there, because men in divo…rce court are like a Jewish person in the courtroom of judge Osama Bin Laden (MORE)
For how long does a husband have to pay alimony to his ex-wife in New York Satate?
You need to review the particular court order that addressed alimony. There is no universal answer to that question..
There is no brighline answer to this question but usually short marriages to not qualify a spouse for alimony because there is an assumption that there was not enough time to create the need for alimony payments. More specifically, the court assumes that you have kept the same ability to support you…rself that you had before marriage. And each spouse is expected to be substantially independent and self-supporting within a short period of time. However, there are circumstances in which a shorter marriage would allow for alimony. For example, a situation in which one party was not working at all and does not have the skills to make an income or some other showing of hardship. (MORE)
Some states allow you to receive temporary alimony while the case is pending in court, however, you cannot receive alimony after the annulment has been granted.. This is because an annulment declares the marriage to be "void" and erases it as if it never existed under the law. Spousal support canno…t be awarded if no valid marriage existed.. If you believe you will need spousal support, you may prefer to file for divorce or legal separation as alimony may be awarded in both of these cases. (MORE)
If you file a petition to modify alimony will it temporarily stop alimony payments in the state of Florida?
NO. Alimony payments must continue until a new court order has been signed. The petition only serves to establish retroactivity of total amount due. I know because my ex-husband was under an income deduction order. He decided to retire. He didn't notify the company or me which he was required to …do. He also did not report to the federal government that the income deduction order was still in effect at the time of application. He owes you total amount due up to the date of his filing of the petition. That is vested and due you. The very first thing you should do when alimony payments stop after 15 days, file an Order to Show Cause why he should not be held in contempt, and jailed until he pays the "purge amount"and Notify him of court date. Your motion must contain a WARNING. You will have to look it up and be sure you put it in your motion. It is important and necessary. Look all this up for your county and follow it to the letter. Then stand guard over your attorney and make sure he does this. You have to know the rules of procedure and the law, case law that will "move the court" to give you what you ask for. Don't let your attorney get away with anything. Don't leave anything up to him. Make sure you get a copy to approve BEFORE he files. If you don't do all these things, then you might end up like me but I caught on and I do not intend to let anyone else take advantage of me....my ex, my attorney, his attorney, the judge....You can be sure they will if you let them. I know these things because I am going through the experience. You have to know the law and follow the law to get what you need accomplished. You determine your fate. Only you. Do whatever you have to do. Don't underestimate anyone concerned with your case. Do not leave it to someone else. (MORE)
An alimony obligation cannot usually be discharged in bankruptcy, but must be paid in full, with two important exceptions. If a divorce decree specifies that an obligation to a spouse is alimony, but the obligation is not actually in the nature of alimony, then the obligation can be discharged in ba…nkruptcy. For example, if the divorce decree states that the husband is to pay a marital debt to XYZ Corporation, and further specifies that the husband's payment of the debt shall be treated as alimony, the husband may arguable have the ability to discharge such debt in bankruptcy even though the divorce decree calls his payment of the debt alimony. Also, in certain instances an ex-spouse may be able to discharge an alimony obligation if the obligation has been assigned to a third party. For example, suppose John and Mary Doe divorce. John is ordered to pay Mary alimony of $500.00 per month. John does not pay the alimony and Mary, who needs the money, assigns the right to collect alimony to her father, who gives Mary the $500.00 per month in return for the assignment. Mary's father now owns the right to collect the alimony from John. If John files bankruptcy then the alimony obligation can be discharged to the extent it has been assigned to Mary's father. The United States Bankruptcy Code (Title 11 of the United States Code) states in Section 523 that: (a) A discharge under Section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to Â§ 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or (B) such debt includes a liability designation as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support . . . .. (MORE)
If both work but the parent with custody of the children cannot make the payments of the basic household finances on their own, they should be awarded alimony for an allotted time, until their situation can be transitioned into their new life.
It's possible to seek a modification of the divorce decree afterwards. You'll need to consult a lawyer who is familiar with the law in your state to get a definitive answer, though.
I'm a mother with no job that is recently divorced but I use to get alimony do I need to file taxes?
Did you receive any Alimony are other taxable income during the year of your divorce. Do you meet any of the MUST FILE A TAX RETURN requirements for the year of your divorce. A dependent on another taxpayer income tax return with unearned income interest, dividends, capital gains, rental income, tax…able social security benefits, unemployment compensation, gambling winning and misc income, etc of more than 950 must file an income tax return and report all worldwide income on the 1040 tax return. A self employed taxpayer would be required to file an income tax return if business operation had a net profit of 400 and pay the social security and Medicare taxes that would be due plus any income tax that may be due after adding the net profit to all other gross income on the 1040 tax form and the amounts would be subject to income tax at the taxpayer marginal tax rates. The must file an income tax return requirement for the year 2009 would be in the 2009 1040 instruction book starting on page 7 through 9 and the book is available at the IRS gov website and using the search box for 1040 and choosing instructions. Filing Requirements Do You Have To File (MORE)
If you're in the US, yes. Alimony is not for the support of children, it's for the support of ex-spouses. However, judges are not required to order alimony, and usually they only order it in specific circumstances.
You will have to file taxes to report the alimony. If you receive aform reporting the disability you will need to file this as well.
It depends on the circumstances but generally speaking, alimony cannot be added after the divorce is finalized, even where spousal support was not discussed at all in the settlement. This is because the divorce decree is considered final, not only as to the issues actually addressed, but for all iss…ues that could have been addressed in court. Courts generally lose the power to award alimony once they have determined that they will not award any. (MORE)
You can appeal but you would have to show the lower court erred in a ruling of law or your spouse committed fraud during the process. Generally once you agree to a divorce those items are etched in stone.
YES it is and it is entered on your 1040 income tax return line 11 Alimony received
Depends if you want to do it the legal or illegal way. LEGAL: You could always get a job with lower income then your ex. ILLEGAL: Ask to get paid "Under the table", or work the corners.
It Stops when judge ruled in such case ,some get it till you remarry or until you die other half of marriage years you had together..
This depends on the country or state you live in. Best answer I can give you is call your local courthouse or City Hall and ask them, they should be able to give you the answer.
In most locations, yes, if the wife's income is significantly larger than the husbands are, he may be able to petition the court for alimony payments successfully.
Alimony is a maintenance payment by a person to his or her spouse. The rules vary significantly between states and between countries but in general, the payment is set by a court and will take into account matters such as behavior of both parties , previous lifestyle and the needs of each person. Ch…eating is behavior that will gain no reward from the court but is rarely the only factor in the judgment made. Alimony is not child support. Regardless of the behavior of either the husband or the wife, child support payments are almost always demanded from the absent parent to assist in the costs of raising children, if there are are any. In this enlightened age of equality, alimony and child support payments may be required from either the wife or husband depending on the circumstances. (MORE)
Yes. However, the Consumer Credit Protection Act limits the amount. Your wages can be garnished up to a maximum of 50% to cover child and/or spousal support if you are supporting another spouse or child. If you are not supporting another child and/or spouse, up to 60% of your wages can be garnished.… Generally, no more than 25 percent of a person's wages is garnished. (MORE)
"Child support" is self-explanatory. Alimony (or maintenance) is intended to support the former spouse. It is usually temporary, until the former spouse can become self-sufficient.
Yes, under the Uniform Domestication of Foreign Judgments Act , which arises from the Full Faith and Credit clause of the U.S. Constitution.
Nothing. Alimony is only required by court order in the case of a divorce. A current spouse cannot be compelled to send alimony. Let's leave the semantics aside for the moment. If your ex -spouse stops sending the court-ordered alimony, then you can report them (if you're not sure who to report… them to, call your local legal aid office and ask... the information desk at your nearest courthouse should be able to give you their number). Nonpayment of support is looked on unfavorably by the courts. (MORE)
Where the former spouse-payor proves to the court that a change in circumstances on the part of the former spouse-payee has occurred such that it should no longer be lawful that the former spouse-payor should continue to be required to pay.
monthly alimony: is money you are ordered to pay (on a monthly basis) by court, to a divorsed or separated spouse.
A claim for alimony must be included in the divorce action. If the divorce has already been ordered, you are probably too late. Speak with your divorce lawyer about whether it is possible to modify the original order to include alimony.
If you are court ordered to pay alimony, losing your job does not automatically negate that order. However, it may give you grounds to go back to the court and request a modification of the order, terminating the alimony obligation. If you are in the process of a divorce and become unemployed, it i…s unlikely that you will be ordered to pay alimony, but not impossible. (MORE)
Alimony payments are ordered by a court or agreed upon by the parties, based on the facts and circumstances of the divorce.
You don't deserve a dime if you cheated, but unfortunately it ispossible depending on the laws of your state. You should get a(really good) lawyer to argue why you "deserve" alimony.
Alimony is subjective, and based on the situation. There are no hard rules. However, one of the factors that the court must consider in awarding alimony is whether one party has become dependent on the other for the good of the marriage. In a short term marriage, this is unlikely.
You bet! You can get taken to court for not paying. I don't believe that you can chapter 7 it either.
Yes. When you file for a bifurcated divorce the divorce is over quickly but other matters such as child support, custody, property settlement and spousal support are addressed at a later date, if necessary. You only put those important issues off so as to end the marriage more quickly than address…ing them all during a normal divorce procedure. Yes. When you file for a bifurcated divorce the divorce is over quickly but other matters such as child support, custody, property settlement and spousal support are addressed at a later date, if necessary. You only put those important issues off so as to end the marriage more quickly than addressing them all during a normal divorce procedure. Yes. When you file for a bifurcated divorce the divorce is over quickly but other matters such as child support, custody, property settlement and spousal support are addressed at a later date, if necessary. You only put those important issues off so as to end the marriage more quickly than addressing them all during a normal divorce procedure. Yes. When you file for a bifurcated divorce the divorce is over quickly but other matters such as child support, custody, property settlement and spousal support are addressed at a later date, if necessary. You only put those important issues off so as to end the marriage more quickly than addressing them all during a normal divorce procedure. (MORE)
You must return to the court that issued the order a file a motion for contempt of the court order. You must return to the court that issued the order a file a motion for contempt of the court order. You must return to the court that issued the order a file a motion for contempt of the court order…. You must return to the court that issued the order a file a motion for contempt of the court order. (MORE)
Alimony is when two people are divorced and one has to pay the other to help maintain their style of living. Alimony Lawyers are good for helping one of the divorcees get the alimony they deserve or even more.
Even foreign courts honor the court rulings of other countries. The question might be, what action will they take, if any, to enforce it.
The alimony you get can increase based on the income of both spouses. If the person paying the alimony starts to make more money, they can be required to pay more based on a percentage.
No, not alimony. You should be able to file for temporary maintenance and support depending on the laws in your jurisdiction. You should consult with your attorney or an advocate at the court. No, not alimony. You should be able to file for temporary maintenance and support depending on the… laws in your jurisdiction. You should consult with your attorney or an advocate at the court. No, not alimony. You should be able to file for temporary maintenance and support depending on the laws in your jurisdiction. You should consult with your attorney or an advocate at the court. No, not alimony. You should be able to file for temporary maintenance and support depending on the laws in your jurisdiction. You should consult with your attorney or an advocate at the court. (MORE)
That varies from country to country. The best thing to do is get help from a lawyer (attorney).
A divorce lawyer will handle the complicated process of dissolving a marriage, this includes, alimony and property division and child custody agreements. The lawyer will advise you appropriately according to your circumstances. When a marriage breaks down and divorce proceedings commenced it is norm…ally a condition of the settlement that the person who earns more will have to make payments "alimony" to the spouse with a lower income to match the lifestyle they have become accustomed. (MORE)
You will have to hire an attorney to get alimony in the state ofSouth Carolina. The attorney will file papers in court and judgewill have final say over the matter.