S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Alimony and a windfall  (Read 4433 times)

WIMomof6

  • New Arrival
  • *
  • Posts: 2
  • Karma: 0
    • View Profile
Alimony and a windfall
« on: Sep 08, 2009, 05:01:43 PM »
Hi

Just a quick question.. A man and woman have been married for 14 years, the man and woman seperate, within a month of seperation the man is in a car accident and he "claims" he can't work due to horrible pain (but not enough pain to stop going camping and traveling long distances) he ends up getting a large sum of alimony from the wife.  The man sues the other person involved in the accident and it drags on for a long time.  Meanwhile the divorce is granted and the woman starts to pay alimony to the man, he gets a job that pays way less than he is qualified for (has an associates degree) the court case with the accident is finally settled and he ends up with 148,000.00 in settlement, is the woman entitled to half of this seeing how it happened when they were married and she is paying him alimony because he is under employed and he is in lots of "pain"?  This is a true story it is happening to someone I know.


Momfortwo

  • Jr. Member
  • **
  • Posts: 119
  • Karma: -60
    • View Profile
Re: Alimony and a windfall
« Reply #1 on: Sep 09, 2009, 11:33:00 AM »
She's probably not going to get any of it.  But she can use it in conjunction with his working to try and end or lower alimony. 

WIMomof6

  • New Arrival
  • *
  • Posts: 2
  • Karma: 0
    • View Profile
Re: Alimony and a windfall
« Reply #2 on: Sep 09, 2009, 01:17:04 PM »
Already had a court hearing on that...it was denied to lower alimony...this sucks big time

Momfortwo

  • Jr. Member
  • **
  • Posts: 119
  • Karma: -60
    • View Profile
Re: Alimony and a windfall
« Reply #3 on: Sep 09, 2009, 04:07:56 PM »

Already had a court hearing on that...it was denied to lower alimony...this sucks big time

 
The accident happened after separation.  She's not getting any of the money. 
 
And it appears the court isn't going to take his windfall into consideration so she's pretty much stuck.  Is there an end date to alimony?  A co-habitation clause?  If there is either, for the first, she will want the paperwork ready to file a couple of months before the end date asking the court to end alimony on the end date so that she doesn't overpay.  If the latter is there, she's going to have to prove he's co-habitating if she suspects he is. 

MrCustodyCoach

  • Jr. Member
  • **
  • Posts: 102
  • Karma: 10
    • View Profile
    • Mr. Custody Coach
Re: Alimony and a windfall
« Reply #4 on: Oct 20, 2009, 05:50:36 PM »
Assuming the story and accusations are true - she's not going to get out from under her responsibilities to support her ex-spouse.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.


 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.