Alimony and ability to pay


#1

My husband has been divorced for 3 years but the ED has not been settled as of yrt (everything filed properly). It was close to going to court and then he filed for bankruptcy so it got delayed. He filed Chapter 7 and the bankruptcy trustee took his retiremnt to pay off some creditors (apparently it was the type of retirement account that was not safe from the bankruptcy)

Anyways, he is now headed into ED. I read on your site that the judge will look at the financial condition of the person at the time ED is settled. He did have lots of debt but now he doesn’t thanks to the bankruptcy. But his retirement is gone. His ex wife apparently has lots of debts herself but will not file for bankruptcy.

QUestions

  • will the fact that he is now debt free and she is not make for a possible unequal distribution

  • he was ordered to pay alimony but hasn’t because he had no money to pay. Can the judge look at the amount I make and use that to determine if he is able to pay alimony or divide his living expenses in half because he is married

-will the judge take sympathy on him because he no longer has a retirement and she does. Can he ask for a share of her retirment?


#2

Yes, the parties’ relative debts can be considered in making a distribution.
Your income cannot be used to calculate alimony, but may be considered in so far as how your income lessens your husband’s necessary expenses.

I cannot say what any one judge will be sympathetic to, he can ask for part of her retirement saved during the marriage.


#3

If a parent is helping an adult child, financially, does that get included in either their ability to pay alimony or their need for alimony.


#4

It is within the discretion of the judge and can be considered under the “any other factor” portion of the statute.