Alimony and attorney fees


#1

I have my divorce finalized…My question is 1. What can my ex do if I get behind on my alimony payments. The reason I am behind is the IRS is garnishing my checks for taxes due. I was paying for my divorce and did not pay IRS. I have to pay taxes because she refused to file together, so she got a refund and splurged on shopping for clothes. I never saw a dime. I have to pay back 3,000 or more each year due to the amount I make each year. Second question am I liable for any legal fees she makes if she takes me back to court? There isn’t much to garnish since the IRS is taking out a hefty percentage plus intrest. I can not afford to go back to court with a lawyer. She refuses to work a full-time job, said so when she testified. She just wants money and not do anything…what are my options. Third question could she get in trouble for filing single with the IRS when I was living there and taking care of her…frustrasted


#2

A court order for support, alimony or child support, cannot be modified unless the party files a motion to modify and any such motion must be based on a substantial change in circumstances. This substantial change in circumstances is something that is affecting his ability to pay, or her reasonable needs.

To modify alimony you must show a change of circumstances and this change must relate to the financial needs of the dependent spouse or the supporting spouse’s ability to pay. If you feel that her needs have changed substantially due to her employment and income, and/or your ability to pay has been reduced, then you can file for modification of alimony. I cannot predict what a judge will do in any one case.

If alimony is outlined in a separation agreement, it is not modifiable and you will likely end up in court for breach of contract if you fail to pay. If you don’t pay alimony purusant to an order of the court, it can be modified and it would be contempt of court if you don’t pay.

I don’t know the answer to your tax question about her possibly misrepresenting her situation to the IRS, so I would refer you to a CPA or a tax attorney for more information.


#3

do I still have to pay her legal fees? We finalized the divorce…Am I still responsible for her attorney fees? Do I have to pay the courts to request modification? or do I need anattorney? Tax Lawyer? what would I request from him/her?


#4

Whether or not you need to pay attorney fees depends on if you have an agreement that says you do (such as a separation agreement), or if the court has already ordered you to pay them. If she’s requesting them to be paid by you through the court, then a judge will decide whether or not you have to pay them. It’s likely that with her being the dependent spouse, if you aren’t making your alimony payments, then you could have to pay her fees. The tax attorney or CPA is the one who can advise you about the legality of the tax filing you mentioned in your prior post. Yes, you will have to go to court to request a modification. Modification is unavailable though if alimony was outlined in a SA. If alimony was done through the court, then you will need to file a motion to modify alimony.


#5

Whether or not you need to pay attorney fees depends on if you have an agreement that says you do (such as a separation agreement), or if the court has already ordered you to pay them. If she’s requesting them to be paid by you through the court, then a judge will decide whether or not you have to pay them. It’s likely that with her being the dependent spouse, if you aren’t making your alimony payments, then you could have to pay her fees. The tax attorney or CPA is the one who can advise you about the legality of the tax filing you mentioned in your prior post. Yes, you will have to go to court to request a modification. Modification is unavailable though if alimony was outlined in a SA. If alimony was done through the court, then you will need to file a motion to modify alimony.