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#209555 - 12/13/08 09:30 PM can alimony be repetitioned
Kurt Offline
New User

Registered: 12/13/08
Posts: 3
I've been divorced for about 6 months. Both my exwife and I currently are still living in the same house due to financial reasons. I ve been paying all the bills since the divorce. I have been trying to be nice since shes been out of the work force for around 5 years and now has to work. Now that she is working Im requesting her to pay her own bills, car ins.,cell phone, food..etc. the divorce states that the alimony and half my reirement is to be paid in one lump sum out of the sale of the house, and Im still responsible for the utilties and mortgage and maint of the house until it is sold. That is what we agreed upon. now that Im requesting her to pay her personal bills..she says she going to petition for alimony payments even though Im still paying for the roof over her head. Can she do that? Or do I need to contact an attorney 6 months after my divorce is final?

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#209561 - 12/14/08 07:24 AM Re: can alimony be repetitioned [Re: Kurt]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
In effect all those items you're requesting her contribution toward, she should be paying out of her alimony. On the other hand, if she were out on her own right now she would have to wait for the sale of the home which may not happen for quite some time, and she would have to pay her own bills. I mean where is her income going anyway, now that she is working? Has she been working long enough of these past six months to have accumulated enough savings for starting rent and security?

I think you should revisit your attorney and get some feedback to the following questions regarding your obligation to currently support her:
1) Can a deadline be set for her to leave the home?
2) Can you safely remove her from any joint bills such as the car insurance and cell phone giving her fair warning (up to a month) to obtain her own?
4) What about medical insurance? Is it available at her new job and is she eligible yet to obtain and pay for her own?
5) Can a legal document be drawn up to pro-rate (reduce) the lump sum alimony later by deducting all these current expenses.
_________________________
When you know better, you do better -- Maya Angelou

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#209596 - 12/14/08 11:27 PM Re: can alimony be repetitioned [Re: HevnMaidMe]
Kurt Offline
New User

Registered: 12/13/08
Posts: 3
she's been working for the past month now. The divorce does state that any expenses accrued by one or the other does have to be payed back. Every time she doesn't get her way she threatens to repetition the divorce. I did have an attorney review the papers and found out what Im responsible for. All Im responsible for is the house to maintain to sell. I just didn't know if she has the right to go back and change things after 6 months. The housing market right now I have no control over and would like it to sell just as much as she would. I've herd stories of people going back and changing spousal support, that's what has me concerned.

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#209608 - 12/15/08 05:34 AM Re: can alimony be repetitioned [Re: Kurt]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
"I just didn't know if she has the right to go back and change things after 6 months."
In theory, you can always go back and change things. However, for changing something like spousal support, you generally have to show that there was something fraudulent, or something the court or one of the parties didn't know. The fact that she's not happy isn't sufficient reason.

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#209698 - 12/16/08 12:14 PM Re: can alimony be repetitioned [Re: Kurt]
dvd Online   content
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Registered: 04/02/07
Posts: 4169
As you can see, it's a huge mistake to continue co-exist in the same house after divorce. You EXPECTED her to pay the bills, then she RETARLIATED with more alimony. Out of sign and out of mind will be the best policy. Live your separated life.

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#209703 - 12/16/08 01:09 PM Re: can alimony be repetitioned [Re: dvd]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
"As you can see, it's a huge mistake to continue co-exist in the same house after divorce. You EXPECTED her to pay the bills, then she RETARLIATED with more alimony. Out of sign and out of mind will be the best policy. Live your separated life."

Exactly whose mistake is this, DVD? Do you have the right to make assumptions that the poster made a huge mistake or that this was the way he wanted it? Financial reasons, DVD... they stayed in the same house due to financial reasons. Do you truly feel it's any different continuing to live together before divorce as opposed to a little longer after divorce, so long as it's for the right reasons????

It is not your job to chastise posters and tell them what they should have done right. Shame on you.


Edited by HevnMaidMe (12/16/08 01:42 PM)
_________________________
When you know better, you do better -- Maya Angelou

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#209789 - 12/17/08 08:47 PM Re: can alimony be repetitioned [Re: HevnMaidMe]
Kurt Offline
New User

Registered: 12/13/08
Posts: 3
Thanks for the input...we both decided this would be the best for the both of us...we didn't want this divorce to financially put both of us in the poor house...she has agreed to get a job since before the divorce and just now got one almost a year later I {as would anyone else} have started to feel taken advantage off. I have been keeping out of site, maybe that's the problem.

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