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Duration of alimony

Discussion in 'Alimony & Spousal Support' started by Mre6921, Oct 28, 2017.

  1. Mre6921

    Mre6921 Law Topic Starter New Member

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    Jurisdiction:
    Nevada
    The question that we have is about the duration of alimony. The judgement stated, "It is further ordered, adjudged and decreed that plaintiff shall receive spousal support in the amount of $500.00 per month for a period of 120 months or 10 years, effective May 15th 2003 and on the 15th of every month thereafter. The spousal support shall cease on the death of defendant or remarriage of plaintiff or changed circumstances."

    So, from what we are understanding is that the defendant will pay alimony for ten years on the first of the month, after ten years the defendant will have to continue paying alimony on the 15th of every month there after until death of defendant or remarriage of plaintiff. Are we understanding that correctly? Thank you.
     
  2. army judge

    army judge Super Moderator

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    Alimony to be paid effective 15 May '03 through 15 Apr '13 when it should have ended after 120 months.

    It is to be paid on the 15th of each month for 120 months, as described above.

    It could end sooner had the recipient remarried, or if the payor died before 15 Apr '13.

    Anything else you believe about the payout period is erroneous.

    This is Oct of '17.

    Whoever was supposed to pay should have stopped paying four years ago in April of '13.
     
  3. Disabled Vet

    Disabled Vet Active Member

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    From May 15, 2003 thru May 15, 2013....
     
  4. hrforme

    hrforme Active Member

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    23 or 13??? Original said 2003 and 10 yrs....
     
  5. army judge

    army judge Super Moderator

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    I think it is May 15, 2003 ending on Apr 15, 2013

    May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr = 12 months

    One year's worth of payments begins in May ends next year in Apr for these people
    That happens for 120 months or 10 years the way I figure it.

    Should have ended four years ago.
     
  6. hrforme

    hrforme Active Member

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    I agree... one of the other responses had 2023
     
  7. zddoodah

    zddoodah Well-Known Member

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    Each of the two sentences quoted here is clear. However, when put together, they become ambiguous. The first sentence states that alimony will be paid for 10 years/120 months, with the first payment to be made on 5/15/03 and the last payment to be made on 4/15/13. The second sentence states that alimony only terminates upon the death of the defendant or remarriage of the plaintiff (although, curiously, the death of the plaintiff does not seem to terminate the obligation), or "changed circumstances."

    If you were asking this question in March 2013, I'd suggest that you seek clarification from the court, but why are you asking about this four and a half years after the apparent end date of the payments? Are you the plaintiff or the defendant? What's been going on for the past four and a half years?
     
  8. txls

    txls Well-Known Member

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    I think somehow this person thinks it was going to be paid for 20 years.
     
  9. Mre6921

    Mre6921 Law Topic Starter New Member

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    I am asking for the plaintiff, the defendant stopped paying for 7 years. The plaintiff had just noticed and was questioning the second sentence. Myself as well as a couple others read it as if the defendant will basically be paying till they are dead.
     
  10. hrforme

    hrforme Active Member

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    The time to question this was when the defendant stopped paying. How could the plaintiff have "just noticed" when payments haven't been made for 7 years? Makes me think that the plaintiff DID realize there was a specific stop date but didn't realize the 10 years (the original Period) were up yet...because they didn't do a good job tracking the Period.

    While I agree it is ambiguous, it seems that both sides intended for alimony to stop at the end of some Period since the plaintiff didnt' think to question it for 7 years!
     
  11. ElleMD

    ElleMD Well-Known Member

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    It seems obvious that the alimony was intended for maximum of 10 years, otherwise there would b no reason to include that time period in the agreement. The second sentence enumerates the conditions under which the alimony would end sooner than that. Did any of those things happen?
     
    hrforme likes this.
  12. hrforme

    hrforme Active Member

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    Agree that "changed circumstances" could be a wide open reason for stopping the alimony. How are you related to the plaintiff and were you around during 2003/when payments stopped or are you taking their word for what happened?
     

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