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what if???

Started by Detter D, Feb 27, 2004, 05:31:23 AM

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Detter D

Hi Soc:
I am trying to figure out my future and would appreciate your input
on some of my concerns:
My child support payments were configured on my income and my ex's.
There is no award for alimony, but does not prevent her from doing
so in the future...

1.  If I remarry, will by ex be entitled to her income as well?

2.  Someone once told me if my future wife kept her former name
that would prevent my ex coming after her income.  Is this true?

3.  Is there a difference if my ex comes after money in the
context of child support or alimony?


.


socrateaser

>1.  If I remarry, will by ex be entitled to her income as
>well?

Technically no, but if for some reason you were unable or unwilling to satisfy the spousal support order, then an order against you could seize jointly held assets. So, you should keep your liquid assets in separate accounts and hold title in separate names, so that it is effectively impossible for your ex to reach your new spouse's income and/or assets.

Having said all this, different States have very different spousal support laws. Depending on your jurisdiction, the lack of a current alimony award may make it difficult to impossible for your ex to seek a future award, unless your divorce judgment specifically reserves jurisdiction over the question of spousal support.


>2.  Someone once told me if my future wife kept her former
>name
>that would prevent my ex coming after her income.  Is this
>true?

No, this is nonsense.

>3.  Is there a difference if my ex comes after money in the
>context of child support or alimony?

Big difference in that the Federal government has created a system under which garnishing wages for child support is trivial. However, if child support is ended, those mechanisms also end, and it becomes as difficult to collect on a spousal support order as any other civil order, which means that by residing in a different state from your ex, you can make it very costly for her to enforce a spousal support order.