Legal Question in Family Law in Michigan
alimony past due x claims no money
married 30yrs, judgement states i would recieve alimony for 10yrs 24% of salary and 30% of additional income commissions etc.plus I am to recieve his earning statement for proof of earnings since x being truthful about his income was questionable. x made a decent income.judgement went into effect 2003, every yr I have to pay my lawyer to go to arburtration, etc to get my alimony. now I havent recieved any alimony since june of 2005 over 16months,x claims he only makes $250. a month, my x quit his salary job voluntaraly of 24 yrs in 2004, then in 2005 quit voluntarly a salary position, in june of 2005 now is a 1099 and claims he only makes 250.00 a month, but still manages 3 vacations last yr, 2 vacations this yr, just leased a new car a month ago, can still afford his outside activities, golf league, bowling legues, owns a nice 4 bedroom home, now my lawyer states my x is going to try and get the alimony terminated because he can't pay. is that possible? what are my rights to getting back alimony support and current support. i have to pay my lawyer every phone call and arbitration. i am currently unemployed due to the company i worked for closed. and I currently am going to night school. what can i do legally to get my monies due
2 Answers from Attorneys
Re: alimony past due x claims no money
It seems to me that either your attorney isn't able to get a firm grasp on this situation or your ex is able to squirm around your attorney and the judge. The second scenario seems less likely than the first. I recommend a new, much more aggressive attorney.
www.MidMichiganDivorce.com
Re: alimony past due x claims no money
I know this is not what you want to hear, but you are going to have to battle it out in the courtroom. What you are entitled to and whether or not the alimony is modifiable is set forth in your divorce judgment. Some alimony is modifiable and some alimony is non-modifiable. The issues about your ex-husband's income, jobs, and extra-curricular activities are facts for the judge to consider.
Good luck.
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