What would you like to do?
Answer None, all states allow wage garnishment if it pertains to child support, spousal maintenance, state and federal taxes
You need to consult with an attorney who can review your situation and explain your options under your state laws.
At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child supp…ort, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Normally the maximum is 25% of wages.
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. I…f the marriage is less than five years you very rarely get maintenance. The only time I see maintenance/alimony awarded in marriages 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. 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.
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 pa…rties in the marriage and ability to pay. If both parties are self sufficient alimony is not awarded. It may be awarded temporarily 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.
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 o…ne spouse makes considerably more than the other. Also referred to as "spousal support". Alimony is a payment made 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
Can you receive alimony from Nigerian who lives in nigeria and you are American in us if the state you married in has alimony laws?
When a couple divorces, alimony is often ordered as part of the divorce settlement. In the state of Alabama, if a couple was married less than10 years, alimony is paid for… half the number of years of marriage. If married longer than ten years, alimony could continue until the spouse dies or remarries.
In the state of Florida can a creditor garnish wages if it is not pertaining to child support or alimony?
In the state of Florida a creditor is only allowed to garnish a certain amount of your wages up to twenty five percent only if you meet a certain threshold or if it is in …regards to child support , alimony , unpaid property taxes or unpaid federal student loans.
Unless your divorce decree says different, yes.
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-hus…band 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.
There should be no effect on child support nor, if you're the obligor, on your alimony obligation. If you're the obligee, your alimony will likely terminate.
Can a district attorney in the state of Tennessee refuse to take an alimony case if there are no kids involved?
District Attornies are state prosecutors of criminal law. Alimony is a ruling of the civil court in divorce cases. Criminal law prosecutors can NOT engage in civil law cases….
Alimony is the amount of monetary support granted to an ex-spouse by the court that issued the divorce decree. Divorces are conducted under the provisions of CIVIL law, not cr…iminal law. You cannot be extradited from another state due to non-payment.