question for divorce attorneys

Old 09-28-2010, 04:44 PM
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I have a close family member in Illinois that has been thru a divorce that makes the movie "War of Roses" look like a cartoon. Judge awarded his ex alimony for the rest of her life. (Not kidding). Also sacked him with all the house debt(severely upside down in it), her CC debt, and made him pay her car off. No kids.

Since this has happened, he has went out of business(automotive repair), filed BK, most likely is going to lose his house, and now the judge wants to throw him in jail unless he belly's up the alimony in 2 days that he hasn't been able to pay. Has anyone ever gone to jail for not being able to pay alimony?
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Old 09-28-2010, 05:00 PM
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SIM I don't know the answer but my colleague got slammed the same way. He has to pay his wife 4,000 per month alimony for the rest of her life. I just don't get the legal system. I think your buddy is screwed. I hope someone has a helpful answer for you.
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Old 09-28-2010, 05:11 PM
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Men....Please Wake TFU... Don't get Married or Re-Married and even Re-married after that....

its a 50/50 world now...have you not heard

now if your women can't be at your rt hand, let your rt hand be your women..

Carry on
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Old 09-28-2010, 05:14 PM
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Blood from a turnip? least in jail he'll get 3 squares and a cot....sux.....
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Old 09-28-2010, 05:15 PM
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Alimony, just like child support is court ordered. I won't get into some of the outrageous alimony settlements. But what makes even less sense is if you can't pay the alimony or child support now, how are you supposed to pay for it while in jail? Then, once out of jail, good luck getting a decent job after having done time.
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Old 09-28-2010, 05:27 PM
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I'm guessing that there is more to this story and the divorce.
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Old 09-28-2010, 05:28 PM
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The whole thing is BS. Even pre-nups arent woth the paper they are written on. BS BS BS

Its not a 50/50 world. Its worse. The working partner gets screwed.
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Old 09-28-2010, 05:32 PM
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no kids,i would move
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Old 09-28-2010, 05:37 PM
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Need to speak with a local lawyer. In Fla. I recall that they can't jail ya for alimony, only child support. You friend may just have a hard nosed judge that's trying to contempt him.
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Old 09-28-2010, 05:39 PM
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Originally Posted by tommyr904 View Post
no kids,i would move

You mean like, Costa Rica, where you could fish every day and come home to an 18 year old who would wait on you hand and foot, excuse me, I meant 2 18 year olds, that would also cook great food, clean, do laundry, polish the fishing gear, change the oil on the sporty's diesels, play hide the salami, .........................................

Here in GA, Don't pay alimony, it's called contempt, do not pass go, but go straight to jail until arrearage is purged. If he's in that financial straight he won't be able to lawyer up.
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Old 09-28-2010, 06:13 PM
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holy crap, is she sleeping with the judge? not trying to make a joke of the situation but that seems a bit much
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Old 09-28-2010, 06:14 PM
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Alimony ends if and when the grantee gets remarried. Otherwise, yes, it goes on forever. Child support ends when the kids become "emancipated - at 21 or upon college graduation." Usually college costs are divided or at least specified in the divorce agreement. Been there, done that. At least I was poor when it all went down.
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Old 09-28-2010, 06:27 PM
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Originally Posted by chrisrack View Post

I'm guessing that there is more to this story and the divorce.
You bet there is, but I don't know all the specific facts of the case, all I hear is one side. I could literally go on for a while. Were they both perfect? Absolutely not. My point was, I never realized that you could go to prison for not paying alimony. Like I said, he is a family member, with a 1-1/2 old daughter(GF and daughter came after filing) Her alimony actually comes before the child, which is another thing I don't understand.

Going to jail....his ex won't get paid. During that time he won't have an income. If they stay married, how would she ever be guaranteed an income for the rest of her life? So they get divorced, and now she has an income for life. I don't understand that.

Thank god I have a great wife.
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Old 09-28-2010, 08:24 PM
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Another GREAT reason to get rid of some judges, no matter the method.
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Old 09-28-2010, 08:54 PM
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Leave the state.
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Old 09-28-2010, 09:05 PM
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He needed a better lawyer!

I heard of a guy where I worked that went through a nasty divorce and because he was raking in the dough at the time, his alimony was going to be really high. He quit his job before the divorce and joined the Army.
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Old 09-29-2010, 04:24 AM
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I married a woman who mkes more money than I do...
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Old 09-29-2010, 04:58 AM
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I am a real estate atty. in CT and have handled a few divorces. The judge will not put him in jail for failure to pay alimony, unless he is willfully refusing to pay it or has not taken steps to be in a position to comply.

Let's say he is ordered to sell his boat in order to raise funds to make a payment to her. He has not listed it for sale or has it listed for 3 times its value and it doesn't sell. The judge may order him to reduce the price to sell it. He fails to do so, then, yes the judge may throw him in jail for not obeying his order.

It has to do with his attempt/effort to comply with the court order. If he lost a job, then he has to attempt to find another one.

There is always more to the story when it comes to divorce.

The divorce lawyers are in it for each other. The nastier it gets, they each get paid until the parties either wake up and realize this or they run out of cash. At that point the case usually settles for what it should have a lot sooner.

Good luck to your friend.

Just out of curiosity, how long was the marriage and did the wife work during the marriage?
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Old 09-29-2010, 05:05 AM
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Maybe it's time to pay the judge a personal visit and get to the bottom of things.
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Old 09-29-2010, 05:46 AM
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Default Divorce

I have been married 41 years to the same one, so the only thing I know a bout is a bitch a friend had in upstate NY.
He owned a drug store, and was a pharmisist. (sp?) She got everything and alimony and child support in the amount which was 3 times what I made. Then, her shyster came up with a 5% cost of living increase and a new caddilac. He consulted an attorney, sold the store and moved out of state. The laws for that state basically reduced the alimony and CS to about 1/4 of what he was paying and there was nothing she could do about it.
A year later, the guy who bought his old store had some medical issues and wanted to sell it back, at a loss. So my friend got his lawyer to propose to he lawyer a 30% raise for her over what she was getting now,and cast in in concrete. Also, her alimony was limited to 5 years and childsupport to when the children became 18.
She took it.
So, any advice we give is fraught with peril, as state laws differ. CONSULT AN ATTORNEY.
Get a woman lawyer; they are more vicious....
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