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Alimony arrears

Discussion in 'Alimony & Spousal Support' started by Don_w, Feb 3, 2010.

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  1. Don_w

    Don_w Law Topic Starter New Member

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    I am now 12,000 in arrears in alimony and she wants to take me back to court this friday. My question is I don;t have any money to pay this so what are they going to do? I do have assests, will they make me sell them? What if I never catch up ? I have to pay 4 more years and I don't see any way of paying her.
    When this agreement was made i was making 90k and I'm now making 45-50k due to the reccesion and lack of sales in the auto bussiness. (I now sell Toyota"s:eek:)
    My divorce papers say that i have to pay no matter what happens. I was cool with that until the bottom fell out. Now what do I do?
     
  2. Proserpina

    Proserpina Moderator

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    Does your support order allow you to modify?

    If it doesn't - well, you're going to have to find a way to pay somehow. They can, and will in all likelihood, go ahead with collection proceedings.

    I know you're not going to want to hear this and I really don't intend to scare you but you could, eventually, end up being jailed for nonpayment of support. You can lose your driver's license.

    Sell what you can - seriously. Sell what you can to make those payments.
     
  3. Don_w

    Don_w Law Topic Starter New Member

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    Thanks for the reply.
    I'm not behind on CS just alimony.
     
  4. Proserpina

    Proserpina Moderator

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    The same applies.

    They are considered (for all intents and purposes) the same thing - domestic support obligations.
     
  5. Don_w

    Don_w Law Topic Starter New Member

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    I spoke to the people at probation and they tell me as long as I make an attempt to pay they can't put you in jail.( wage attachment)
    I quess the real question is, what happens after my 4 years of being in the arrears what happens then?
    They already put this on my credit, and that stops me from doing any refinacing of my home to pay her.
    Is there any way to modify my divorce settlemet due to my situation.? I know what I signed up for and I can't afford to pay her what I agreeded to. I"ve been to court once already and they did nothing!!
    Anybody have any suggestions I would greatly appericated them.

    Thanks
     
  6. Proserpina

    Proserpina Moderator

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    I do feel for you, Don, but I'm not sure there's much you can do.

    Keep paying what you can - you're pretty much right in saying that as long as you're paying something, you should be safe from actually being jailed.

    You're showing willing - that's the main thing. For your ex to actually successfully claim contempt, she'll generally have to show that you are WILLFULLY refusing to pay.

    That does not appear to be the situation.

    So, in your decree, does it say that it is modifiable? Does it say it is NOT modifiable?

    This may be the crux of the issue.
     
  7. Proserpina

    Proserpina Moderator

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    Hang on - did you already try to modify based upon your reduction in income? And were unsuccessful?
     
  8. Don_w

    Don_w Law Topic Starter New Member

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    It says I can't modify. Which was fine making 90k yr. But as you know and eveyone else in this world things have changed, the courts don't want to hear it. Is'nt there anyone looking for a good wife out there I'll pay them to marry this b---h.:D
    When I go to court Friday I'll ask the judge if he would be interested in buying a Toyota !!!! And when he says no then I will have made my POINT..
     
  9. Proserpina

    Proserpina Moderator

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    (I AM a good wife - I don't need one of my own ;) )

    I'd actually go ahead and file to modify anyway - even if your decree says it's unmodifiable, NJ statute DOES allow for modification to be considered for a change of circumstance.
     
  10. Don_w

    Don_w Law Topic Starter New Member

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    I may look into that. Do you know where I can find the statue? I was only kidding about the ex Hopefully I didn;t offend you..
     
  11. Proserpina

    Proserpina Moderator

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    Oh heck no - I have kids...nothing offends me anymore :D

    Take a look here first:

    http://www.divorcesource.com/NJ/ARTICLES/sliwinski1.html

    While I try to dig up the actual statute and wording.
     
  12. Don_w

    Don_w Law Topic Starter New Member

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    Thanks for the link. It all seems like BS in NJ. I went to court and tried to modify this. They just don't want to hear it. I really need a lawyer but can't affrod one at this time or any time in the near furture that I can see. I just pay what I can and I"ll keep searching for my sugar mama. LOL
     

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