Alimony


#1

Is there any statute of limitations for the timeframe in which I choose to pursue alimony? The court order for it is from a few years ago. Since no one is pursuing it for me and he’s not paying it, I will have to go to court to enforce it. Right now I’m happy with him just paying the child support because I don’t want to make life difficult. When he’s done paying child support, can I then go enforce the alimony and collect the arrearage at that time as well?


#2

Can I get a reply to this? I want to know if I can pursue the alimony in my court order at any time. I am more concerned with the child support being paid at this time and so I am not pursuing the alimony for now. I intend to once the child support is paid.


#3

I don’t know an answer to your question. But I’m looking to separate and divorce and was talking to my friend who is an accountant.
He said what she would want to do is make me pay Child Support and No Alimony.
And I would want to pay Alimony and no Child Support

because I can deduct what I pay in Alimony to her and she needs to claim it.
With Child Support I can not deduct it.

So you might want to see how much you would get, because if he pay’s you 2000 a month in Alimony, he’s get a 24000 deduction, and you will need to pay taxes on 24000.


#4

*** Not an attorney***

You have a court order for alimony and have not pursued it in a few years? I would think you could pursue the amount you were granted at anytime, however If I were your husband, and you had not pursued it, and you wait a few years or until kids are grown, I think I would (if I were your husband) try to overturn that decision since it seems you don’t need it. spousal support is usually paid to a dependant spouse. Anyway I’m not an attorney and I hope you do get an answer to this question as I am curious now. bad dragon is right concerning paying taxes on the support money.


#5

(to bluedragon) While paying alimony as opposed to child support provides you with the tax deduction on your end, keep in mind that alimony (in a separation agreement) can’t be modified, while child support can. As a woman, my lawyer suggested I do half alimony and half child support instead of lumping it all as child support. If my ex loses his job or takes a lesser job, he can have the child support amount in the separation agreement modified, but he can’t modify the alimony – that is set in stone.

So, you really have to balance the tax deduction aspect with whether you think you could be in a position where you might need to modify it down the road.


#6

When Alimony is determined, is it based on your current take home income or do they take into consideration you will have to change your W4 status from married to single?
For example, if you are a married couple with 3 kids and you make 3000 pre-tax and say 2000 after taxes every 2 weeks.
Now you get separated. And have to pay Child Support and Alimony
when you file your taxes the next year. What status are you filing under?
Married filing Separate? since your not technically divorced yet
or
Single? which means your in a different tax bracket and if you left you claimed on your W4 the same, you’ll probably end up paying taxes.

So if you switch your W4 resulting in more taxes taken out. This would effect your take-home amount.
Let’s say instead of 2000, now your take home is 1700.

When this Alimony is determined, is it based on your current take home, or your new take-home?


#7

Sorry I missed your post earlier.

There is no statute that puts a deadline on enforcing a court order, but I would never advise someone to delay enforcing a court order if it can be avoided. The other party could use the doctrine of laches as a defense as a reason to not enforce the order.

All of the other advice contained in this thread by other posters is not correct law. For instance, depending upon the drafting of the agreement, both child support and alimony may or may not be modifiable.


#8

The easy way is take it to small claims. If the amount is less than 5k.


#9

If the award is in a court order as your previous post indicated, the correct way to enforce it is to file a motion for contempt, not a new action in small claims court.


#10

Thank you for the information. The alimony amount is already listed in a court order from 2009. I did not and have not pursued it as my ex was unemployed and not paying child support either which is what I was pursuing with the help of the child support enforcement office. It took them threatening him with criminal charges and jail time if he didn’t get a job and start paying child support to get him to do that so he has been paying that now. Now that he is paying child support I don’t want to hit him with the alimony also and discourage him which could cause him to quit his job and then I will get nothing. If I continue to wait to pursue the alimony for the reasons I’ve given here, will that be considered by a judge as to why I waited to pursue it and not necessarily throw out that order?


#11

Yes, your reasoning may be taken into consideration. Many things are taken into consideration by the court when entering an order.

Alimony is ordered because the court believes that you need the support. My point was that, if you do not go after the court awarded alimony, for any reason, the defendant has an argument that you should be barred from receiving the alimony.