NO. Alimony payments must continue until a new court order has been signed. The petition only serves to establish retroactivity of total amount due.
I know because my ex-husband was under an income deduction order. He decided to retire. He didn't notify the company or me which he was required to do. He also did not report to the federal government that the income deduction order was still in effect at the time of application.
He owes you total amount due up to the date of his filing of the petition. That is vested and due you.
The very first thing you should do when alimony payments stop after 15 days, file an Order to Show Cause why he should not be held in contempt, and jailed until he pays the "purge amount"and Notify him of court date. Your motion must contain a WARNING. You will have to look it up and be sure you put it in your motion. It is important and necessary. Look all this up for your county and follow it to the letter. Then stand guard over your attorney and make sure he does this. You have to know the rules of procedure and the law, case law that will "move the court" to give you what you ask for.
Don't let your attorney get away with anything. Don't leave anything up to him. Make sure you get a copy to approve BEFORE he files.
If you don't do all these things, then you might end up like me but I caught on and I do not intend to let anyone else take advantage of me....my ex, my attorney, his attorney, the judge....You can be sure they will if you let them.
I know these things because I am going through the experience. You have to know the law and follow the law to get what you need accomplished.
You determine your fate. Only you. Do whatever you have to do. Don't underestimate anyone concerned with your case. Do not leave it to someone else.
Interesting question... I would guess that the person paying the alimony could perhaps petition the court to suspend the alimony payments during the period their ex-spouse was incarcerated.
In the US, no, a person cannot legally withhold alimony they've been ordered to pay. Of course they can petition the court to have the alimony terminated based on the fact that the recipient is living with someone else. Rather or not the court will do that, depends on the state laws.
File a petition (motion) with the court that awarded you your divorce and ask to have the case reviewed based on newly discovered information, or on the basis that your ex-spouse hid assets from the court. However. unless there was some hanky-panky going on, don't hold your breath.
florida
No, you would not be responsible for your husband's alimony payments to his ex-wife if he can't pay. Your income is not considered a factor in payments. Depending on the agreement, your husband may modify the alimony payments in court if he can show proof he is unable to pay.
Texas
Yes.
It depends on the wording of the alimony decree. Generally, the alimony and the Social Security are independent of one another.
Alimony payments are deductible as an above-the-line deduction on your Federal income taxes. They are reported on Line 31a of Form 1040 for 2010. Note that Line 31a also requires you to report the Social Security Number of the person you paid alimony to, because it will be considered taxable income for them. It's important to point out that child support payments are NOT deductible. So, if you are making monthly court-ordered payments that include both alimony and child support, you can only deduct the portion of those payments that are considered alimony. Usually the court order will specify these amounts.
Yes.
No. Alimony is intended to support the ex-spouse (generally, for a limited period of time). Child support is intended to support the children.
no