Legal Question in Family Law in Iowa
Alimony Court Order
My wife's former husband, is selling his house.
A Real Estate Agent telephoned my wife to ask her to sign an Affidavit saying that the Court Ordered Divorce Decree Alimony Payments were up to date.
The Decree says, the former husband pay $1.00 per month.
That he further carry a life policy with his former wife named as beneficiary.
The intent a a monthly alimony payment is to keep an awareness of the whereabouts of the former husband.
But, he is sending one check for $12.00 once a year.
Now he is selling a house he bought since the Divorce, and his real estate agent is threatening a law suit against my wife if she doesn't sign an affidavit saying the alimony is up to date.
Does my wife have to sign this affidvit?
1 Answer from Attorneys
Re: Alimony Court Order
The question is, is he paid up? If he is, he's entitled to a statement to that effect. If he isn't paid up, he isn't entitled to it, regardless of whether he pays once a year or once a week.
But it is not the real estate agent's job to threaten people with litigation if they don't sign legal documents as an affidavit most certainly is.
Quite frankly, I find the conduct of the real estate agent that you described to be most offensive and unprofessional. I suggest you lodge a complaint with the licensing authority for such people at http://www.state.ia.us/government/com/prof/sales/about.html
or contact me directly and let's talk.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
