alimony

[mitzi32]

What is the name of your state (only U.S. law)? He lives in Incline Village, Nv

My ex husband is going through a divorce. His wife recently filed divorce. They were married about 14 years. He makes about 125,000 year and she's had small jobs throughout their marriage. They are in a lot of debt. He can hardly make payments. She had an affair three years ago when they lived in Mn. They don't have kids.

Does he have to pay alimony since she filed or can he wait until something is court ordered? A lawyer he talked to used a calculator to find out how much he should pay her each month.

I guess id like information on how alimony is usually handled in Nv.
By the way, I don't receive alimony from him. I'm just asking as an old friend since he's so busy.

Jennifer

 

[mistoffolees]

He doesn't HAVE to pay anything until there's a court order telling him to do so.

However, his attorney may recommend that he do so until the hearing. He should absolutely do whatever his attorney tells him to do.

 

[LdiJ]

He doesn't HAVE to pay anything until there's a court order telling him to do so.

However, his attorney may recommend that he do so until the hearing. He should absolutely do whatever his attorney tells him to do.

I agree with Misto, but if they are so far in debt that he can barely make the payments, then perhaps its time to consider bankruptcy. If a judge does order him to pay alimony, then he may end up having to file bankruptcy against the debt anyway.

He should certainly downsize as much as possible anyway, to get rid of any non-essentials in his budget.

 

[nextwife]

I agree with Misto, but if they are so far in debt that he can barely make the payments, then perhaps its time to consider bankruptcy. If a judge does order him to pay alimony, then he may end up having to file bankruptcy against the debt anyway.

He should certainly downsize as much as possible anyway, to get rid of any non-essentials in his budget.

I would also add that the existence of that much debt indicates they have been living a lifestyle that their income did not support. I'd encourage him to discuss that point with his attorney, as even if they had stayed a couple, she clearly needed to get out there and work more than a few part time jobs to even continue the lifestyle they had with ONE household.

There is not an entitlement to keep living a lifestyle that is unsustainable if it's at a third parties expense. The need to file BK means it was the creditors who sustained their previous lifestyle, not their incomes.

 

[Bali Hai]

I agree with Misto, but if they are so far in debt that he can barely make the payments, then perhaps its time to consider bankruptcy. If a judge does order him to pay alimony, then he may end up having to file bankruptcy against the debt anyway.

He should certainly downsize as much as possible anyway, to get rid of any non-essentials in his budget.

Wait a minute, you didn't recommend that someone else downsize to have the ability to pay alimony in another thread.

If the judge orders alimony forcing him into bankruptcy to pay the alimony, who ultimately pays those debts? Do they just disappear? SHE is undoubtedly the one who ran up this horrendous debt.

Seems that the better solution would be to assign the marital debt proportional to income and order no alimony.

 

[nextwife]

Wait a minute, you didn't recommend that someone else downsize to have the ability to pay alimony in another thread.

If the judge orders alimony forcing him into bankruptcy to pay the alimony, who ultimately pays those debts? Do they just disappear? SHE is undoubtedly the one who ran up this horrendous debt.

Seems that the better solution would be to assign the marital debt proportional to income and order no alimony.

I have to agree. It gets really ridiculous to place the cost of sustaining an unsustainable lifestyle onto a third party. If they BOTH acquired all that debt, maybe it's time for wifey to get her b**t out the door and HELP pay off HER creditors too! Why should the creditors take a hit so wifey can keep sitting around not helping pay the people she co-owes money to? Why should the cost of her choice to stay home be laid at the feet of their creditors?

I, among other duties, handle bankruptcies for my employer. I see BK filings all the time. It is morally WRONG when money that could be going toward paying off jt. debt is instead going to support an able bodied adult's continued choice to not work and unwillingness to contribute toward debt repayment. They both ran up the debt, they both should help pay it off.