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Spousal Alimony in Alabama

  • Thread starter Thread starter lauracam
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lauracam

Guest
What is the name of your state? State: Alabama

Mom and Dad divorced September 2000. The divorce was settled in Mom’s attorney’s office, as Dad didn’t retain his own lawyer. Dad signed the decree stating he would pay my mother $650 monthly in indefinite alimony.

My father only signed the decree because I played detective and found out:
He was having an affair while married to my Mom.
In 1986 he had a C Felony arrest for “profiting from and promoting prostitution in the second degree.”
He charged up $12,000 on a credit card my mother forgot she had. After being called on it, he quickly paid that back.
He borrowed $20,000 against the house, and sent that money down to Colombia to invest in his mistress’ family business.

He mostly paid the alimony up to May 2002. Mom was going to wait a couple of months and take him back to court (she last saw him in court over alimony earlier this year) to show a pattern.

Mom was served with papers; Dad is taking her to court to get the alimony terminated, because:
1. He's currently unemployed and can't find work in the paper industry.
2. He wants to go to college to take courses in carpentry.
3. He's receiving $117 a week in unemployment, and can't afford a mortgage and alimony too.

My response is:
1. Kimberly Clark shut down in our city. Mostly all the paper mills have, so there's no wonder he can't get a job similar to his old one.
2 & 3. Tough. He's a college graduate and he's able bodied. In lieu of a job he needs to take night classes. He screwed up royally and needs to undo some of the damage he has caused.

The alimony goes towards the mortgage he borrowed so heavily against. Currently, there isn't any positive equity in the (former) martial home.

Mom has been a teacher for 26 years and has a Masters Degree. She earns decent money, but at age 49 she has to start from scratch financially.

I don’t want his kneecaps broken, but I do want her to be able to sell the home and get a little out of it.

My questions are:
1) Is there any merit to waiting a few months following non-payment of alimony to show the judge a developing pattern?
2) He’s buying, not renting the house he currently lives in. The mortgage for Mom’s house is also in his name. Will him having the mortgage on his current home go against him in some way?

I apologize for rambling and adding unnecessary information. I just didn’t want this post to sound like a complete vendetta.

Any advice or thoughts would be appreciated, and thank you,

Laura
 


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dianellen

Guest
Inability to pay????

Maybe Mom is having a rough time but sound like Dad is too. Where do you expect him to get the money to pay $650 a month? Best thing here might be for them to each go their own way and do the best they can with what they have. The marriage is over and it's time to move on...don't expect blood out of a turnip!
 
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lauracam

Guest
To dianellen.

Maybe Mom is having a rough time but sound like Dad is too. Where do you expect him to get the money to pay $650 a month? Best thing here might be for them to each go their own way and do the best they can with what they have. The marriage is over and it's time to move on...don't expect blood out of a turnip!

I’d like to thank you for your educated response, dianellen.

Regardless of the absolution of marriage, he has an obligation to pay alimony, and to pay it on time.

The turnip is highly capable of getting a job. He’s just deciding not to at the moment. Mom shouldn’t pay for his laziness, or his w h o r i n g around.

If any attorneys or people dealing with similar situations will respond to my questions, I’d be extremely grateful. They were:
1) Is there any merit to waiting a few months following non-payment of alimony to show the judge a developing pattern?
2) He’s buying, not renting the house he currently lives in. The mortgage for Mom’s house is also in his name. Will him having the mortgage on his current home go against him in some way?

Laura
 

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