i2mscrewed
Member
To mcquire538
There's a very good chance for the "MOTION FOR ATTORNEY FEES PURSUANT TO RULE 1-054" to be approved. "The court shall consider relevant factors presented by the parties, including but not limited to:
A. disparity of the parties' resources, including assets and incomes;
B. prior settlement offers;
C. the total amount of fees and costs expended by each party, the
amount paid from community property funds, any balances due and
any interim advance of funds ordered by the court; and
D. success on the merits."
Thirty seven years is considered a "long term" marriage in the State of New Mexico. This is what it means:
The forms of alimony are rehabilitative alimony, which is temporary support to allow for continued education and retraining, or PERMANENT alimony. Alimony can also be awarded in a lump sum, in periodic payments or both.
Primarily, the first consideration for alimony is the LENGTH OF THE MARRIAGE. The longer the marriage, the greater the possibility of an award for alimony. There are certainly other considerations, including, but not limited to the STANDARD OF LIVING ESTABLISHED DURING THE MARRIAGE, THE AGE AND PHYSICAL AND EMOTIONAL CONDITION of each party, and all sources of available income to either party.
"The traditional kind of long-term alimony - payable until the receiving spouse dies or remarries - is the hardest kind of alimony to get because the courts want to see the parties move on with their lives after the divorce and be financially self-sufficient. SUCH LONG-TERM ALIMONY IS USUALLY RESERVED FOR CASES OF LENGTHY MARRIAGES (20 YEARS OR MORE) where one spouse was mostly a homemaker, has limited education or employment skills, and there will likely always be a significant disparity in incomes. There are two other types of alimony of shorter duration: transitional alimony (usually for 6 - 24 months to help the receiving spouse get established and start working) and rehabilitative alimony (financial help while going to school to earn a degree that will lead to a decent-paying job)." www.Divorcenet.com
You didn't mention the reason why you aren't allowed to work in the gaming industry (casinos), or why your company was handed over to your husband. If this is the only field of work that you are trained in or ever worked and you are now barred from it, the interim support or alimony should reflect the need to "earn a degree that will lead to a decent-paying job" or train in another area of work that will help close the gap of "disparity in incomes". I commend you for taking any job to put food on the table and a roof over your family's heads, but the hardship that you are going through to work at 7/11 is beyond belief, but honorable.
Somewhere in all of this, there should have been arrangements for the support of your children. Is this support also not being paid? This is a no no and if you can't get anyone to enforce this, you might just go to the Human Services Dept. and file for assistance for the 17 year old. When they see that there is a court order for assistance, they may just step in and assist enforcement. OR, you may instead just casually mention to your attorney that since he hasn't done anything about it that you can't just let your child starve, while waiting for him to get his thumb out of his ***. This may prompt action to save embarrassment. I'm just throwing this thought in as it might or might not work...just a thought.
You mentioned that there was already an award of "alimony". Is this "alimony" or "interim support"? Your attorney should have filed a motion with the court that interim support is not being paid. This is in direct violation of a court order and has consequences.
You should not be without a vehicle. Obviously, you were awarded the use of a vehicle. This has to be maintained as well as the insurance on it. If the court is informed about this, then the court can do something about it. Your attorney should have made the court aware of this situation.
There's a very good chance for the "MOTION FOR ATTORNEY FEES PURSUANT TO RULE 1-054" to be approved. "The court shall consider relevant factors presented by the parties, including but not limited to:
A. disparity of the parties' resources, including assets and incomes;
B. prior settlement offers;
C. the total amount of fees and costs expended by each party, the
amount paid from community property funds, any balances due and
any interim advance of funds ordered by the court; and
D. success on the merits."
Thirty seven years is considered a "long term" marriage in the State of New Mexico. This is what it means:
The forms of alimony are rehabilitative alimony, which is temporary support to allow for continued education and retraining, or PERMANENT alimony. Alimony can also be awarded in a lump sum, in periodic payments or both.
Primarily, the first consideration for alimony is the LENGTH OF THE MARRIAGE. The longer the marriage, the greater the possibility of an award for alimony. There are certainly other considerations, including, but not limited to the STANDARD OF LIVING ESTABLISHED DURING THE MARRIAGE, THE AGE AND PHYSICAL AND EMOTIONAL CONDITION of each party, and all sources of available income to either party.
"The traditional kind of long-term alimony - payable until the receiving spouse dies or remarries - is the hardest kind of alimony to get because the courts want to see the parties move on with their lives after the divorce and be financially self-sufficient. SUCH LONG-TERM ALIMONY IS USUALLY RESERVED FOR CASES OF LENGTHY MARRIAGES (20 YEARS OR MORE) where one spouse was mostly a homemaker, has limited education or employment skills, and there will likely always be a significant disparity in incomes. There are two other types of alimony of shorter duration: transitional alimony (usually for 6 - 24 months to help the receiving spouse get established and start working) and rehabilitative alimony (financial help while going to school to earn a degree that will lead to a decent-paying job)." www.Divorcenet.com
You didn't mention the reason why you aren't allowed to work in the gaming industry (casinos), or why your company was handed over to your husband. If this is the only field of work that you are trained in or ever worked and you are now barred from it, the interim support or alimony should reflect the need to "earn a degree that will lead to a decent-paying job" or train in another area of work that will help close the gap of "disparity in incomes". I commend you for taking any job to put food on the table and a roof over your family's heads, but the hardship that you are going through to work at 7/11 is beyond belief, but honorable.
Somewhere in all of this, there should have been arrangements for the support of your children. Is this support also not being paid? This is a no no and if you can't get anyone to enforce this, you might just go to the Human Services Dept. and file for assistance for the 17 year old. When they see that there is a court order for assistance, they may just step in and assist enforcement. OR, you may instead just casually mention to your attorney that since he hasn't done anything about it that you can't just let your child starve, while waiting for him to get his thumb out of his ***. This may prompt action to save embarrassment. I'm just throwing this thought in as it might or might not work...just a thought.
You mentioned that there was already an award of "alimony". Is this "alimony" or "interim support"? Your attorney should have filed a motion with the court that interim support is not being paid. This is in direct violation of a court order and has consequences.
You should not be without a vehicle. Obviously, you were awarded the use of a vehicle. This has to be maintained as well as the insurance on it. If the court is informed about this, then the court can do something about it. Your attorney should have made the court aware of this situation.
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