alimony

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alimony

Postby higherroad » Mon Jan 16, 2012 6:06 pm

does anyone have some input on this situation.

end of 5 yr alimony period per msa. marriage was for 18 years. woman was stay at home mom, got her grad degree and works as teacher aid for $10/hr for the last 3 yrs or about 12k/yr. man makes about 250k lives out of state, sees kids every other weekend.

payments being cut from about 9k to 4k. can she go back for alimony based on income disparity. 3 kids, one off to college so cs is for 2 kids.
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Re: alimony

Postby Fatheroffour » Mon Jan 16, 2012 6:18 pm

On principle I hope not but answer will depend on state and probably specific wording of decree.
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Re: alimony

Postby higherroad » Mon Jan 16, 2012 6:30 pm

do different states have different laws regarding alimony?

typical "unallocated support" shall be terminated after 5 years - wording in decree.

when i went through my first msa, my lawyer said "buy her out" which i did and gave her the alimony up front. dumb move as she got married just two years later. but he told me that you can always go back for more maintenance if there is a huge disparity in income.
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Re: alimony

Postby Trevor » Mon Jan 16, 2012 6:45 pm

Most (all?) states say that if she remarries, she loses alimony. Not sure why your atty would say she can take another bite of the apple while she is married to someone else.

Of course every state has its flag. Read your state statutes and understand them.
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Re: alimony

Postby higherroad » Mon Jan 16, 2012 7:17 pm

who said anything about remarrying?
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Re: alimony

Postby Trevor » Mon Jan 16, 2012 7:25 pm

higherroad wrote:..."buy her out" which i did and gave her the alimony up front. dumb move as she got married just two years later.

Um, you did.
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Re: alimony

Postby Fatheroffour » Mon Jan 16, 2012 7:35 pm

He's asking for a 'friend' and mixed in his own story which confused the narrative.
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Re: alimony

Postby higherroad » Mon Jan 16, 2012 8:35 pm

thanks for clarifying fof.
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