Alimony paid to someone else?

[samurailynn]

My mother-in-law and father-in-law are getting a divorce in California. My mother-in-law has been addicted to prescription drugs for the past 15 or so years, and has basically destroyed her health to the point where she cannot work. My father-in-law has agreed to pay her alimony. I don't know how much, but the amount he's paying her will leave her ineligible for any kind of government health insurance benefits. Because of all her (self induced) problems, she isn't eligible for an individual insurance plan either.

She says that her lawyer is suggesting that she have my father-in-law pay the alimony to someone else and then have that person pay her so that she won't have as much income and will be eligible for government health benefits. We've already said no because it seems like that would then be considered income for us, so she's going to start asking others.

I'm just wondering if something like this would be considered fraud? Is it normal for alimony to be paid to someone other than the divorced spouse?

 

[Proserpina]

Nope. That's NOT normal outside of the recipient being legally incompetent. See what happens when your spouse asks her to have her attorney put that request in writing, ok?

 

[jharris352]

Your father-in-law is being asked to commit fraud. He should not do it.

 

[Duranie]

No way should he pay alimony to someone else. That is total fraud and it is unreal that an attorney would be suggesting that. She could be bluffing. He needs to document that ridiculous request. He needs a good attorney to fight for him based on the fact that any alimony paid will just go to support her drug habit. He will likely pay her something. If she wants to blow her money and wind up destitute, that is her problem.

I have NEVER heard of alimony being paid to a 3rd party. Totally absurd.

 

[samurailynn]

Thanks for the responses. It seemed pretty suspicious to me, which is why we just flat out said no. I am wondering if her attorney wants it to look like my father-in-law is "gifting" money to one of his children, and then the other party would in turn "gift" the money to her in order to get around it being considered income. That's what makes it seem like fraud to me though.

I'm not going to ask her to get her attorney to put any of it in writing, just because it's something I don't want to be involved in at all. Even if it were 100% legal, I don't really want to be in the middle of their divorce.