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Alimony Question

little slice

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Hey, it can work the other way too if the woman is the bread winner. Equal rights ya know?!




I have never actually seen this in person, but ive read one story about it.



the man was shamed to no end.. called a "dead beat", "loser", "leech/parasite".


but a woman who cheats and takes her ex to the cleaners? "empowered" and "you go gurlllllll"


funny how that works.
 

bigwork

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not licensed to practice law in Ohio but I am a domestic lawyer in two states down south and this is how we do things:

- the party paying alimony is entitled to deduct the amount from their income
-the party receiving alimony must report it as income. Technically, she should be reporting the value of the third party benefits you are paying as income (and therefore taxable) to her
- Child support cannot be deducted by the person paying it and does not have to be reported by the party receiving it.
-Property relinquished/acquired through division of marital property pursuant to divorce/separation is not a taxable event for either party.

Of course, these general rules can be affected by the wording of your final order. What you have described sounds like alimony. However, a skilled attorney can find ways to reclassify these "benefits" in the language of the order. For example, a party receiving a lump sum of alimony right after the divorce may characterize it as division of property, therefore making it a non-taxable event. A party may also shift support obligations around so that they receive large child support payments (non-taxable) and smaller alimony (taxable) payments.
- What she is or is not reporting as income doesn't really affect you (though I'm sure it pisses you off)
-You are entitled to deduct the above amounts, which it sounds like you've been doing, so you are straight.

As for ceasing the payments because she is no longer in school, this depends. Down here, we would take her ass to court and show a material change in circumstances since the entry of the previous order. The change is that she is no longer a full time student. Therefore, she doesn't need tuition paid. Now that she is not a full-time student, she can get a job and pay her own apartment, car payment, insurance, etc.

By going through the court instead of just stopping the payments you reduce your risk of being held in contempt of court. There is always a risk she makes some bullshit up to the judge and you could be held in contempt for not following the court's order (very remote possibility, but involving the court from the beginning just protects you)

Bottom line: google domestic attorney in your area. Find one that does free consultation. They will let you know the nuances of your state's law. Also, you can go to the clerk's office and they are usually very helpful. You could possibly do this on your own without paying an attorney.

Good luck
 

tri-terror

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Bigwork that was very kind of you to offer that information. Kudos
 

BEASTZ6

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OP. I am surprised that you entered into such a wife-favorable stipulated judgment. In California you can only deduct the alimony portion of your settlement. Also, in California, any marriage lasting 10 years or longer, the court retains jursidiction as to alimony forever, or until either one of you dies.

If I were you I would bring a motion for the court to terminate your alimony obligation along with the other parts of the agreement pertaining to the education proviso in your agreement.
 

dnab87

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The more i read that all i can think is...wow thats a brutal ass rape.
 

little slice

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Also, in California, any marriage lasting 10 years or longer, the court retains jursidiction as to alimony forever, or until either one of you dies.




this should frighten more people IMO.


there are guys in this state and in states on the east coast that have to send a check to their ex wives every month, forever.


gotta keep her in that "standard of living that she's accustomed to"....right?
 

G.I.Bro

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If the divorce agreement stipulates that these payments are for maintenance/alimony, then you are entitled to an above the line deduction for these amounts, regardless of what she is claiming. While the mismatch of income and deduction would be a potential red flag to the IRS and state/local tax authority, she would likely have under reported income.

If the agreement stipulates that some of these payments are conditional upon her going to school, you should stop paying for several reasons but from an income tax perspective these could be viewed as gifts rather than alimony which is not deductible.
Was going to post something along these lines then saw this. Agreed. She's breaching conditions of the marital agreement which can allow you to stop paying (at least some portion) under the agreement. There have been major changes in her living circumstances which the payments are also based around. Both angles can work in terms of attacking the original agreement/order depending on state law and the agreement terms. Of course, you need to move for this formally in court and have an new order granted. Don't just stop paying it or it could be used against you (fuckin cunts). Your divorce attorney needs to petition the court for relief due to her breach/material change asap.

Tax deduction issues can depend on state. You seem to be reporting correctly. Tax issues I know dick about though.

p.s. I change oil at jiffy lube for a living.
 
Last edited:

G.I.Bro

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this should frighten more people IMO.


there are guys in this state and in states on the east coast that have to send a check to their ex wives every month, forever.


gotta keep her in that "standard of living that she's accustomed to"....right?
Forever or until they dupe someone else into marrying them.
 

sazo75

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this should frighten more people IMO.


there are guys in this state and in states on the east coast that have to send a check to their ex wives every month, forever.


gotta keep her in that "standard of living that she's accustomed to"....right?

Exactly! People ask me if I plan on marrying and honestly I'm planning on making it big , and I would hate to make some woman rich just because she hung with me for a few years and pleased me . Even if I'm loaded I just hate that feeling that some scum instantly got rich while doing basically nothing , even though it happens all the time.
 

Daneo

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And this is why I will never get married or have kids..wow
 

thebrick

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Why did you agree to pay all that and sign? Unless she had you over a barrel so to speak? Did she also get material assets/property too? Most states do that roughly 50/50. Do not anything without consulting a lawyer ASAP. Sounds like she has broken the conditions of the agreed divorce decree and I would get the hell out. Consult your tax man or accountant about the tax stuff. Protect yourself legally. She can't do shit then.
 
Last edited:

Bio

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I have never actually seen this in person, but ive read one story about it.



the man was shamed to no end.. called a "dead beat", "loser", "leech/parasite".


but a woman who cheats and takes her ex to the cleaners? "empowered" and "you go gurlllllll"


funny how that works.

Every time one of these threads come up you jump at the chance to hate on women. Address the real problem which is the law! Nobody can get something that the law isn't allowing them to get.
 

grizzly978

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That's brutal....why do guys always get screwed? It's like the women want all the money and take everything.
I think I'll keep dating and have kids, but without the term "marriage" because this is just scary and it happens all the time
 

G.I.Bro

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Prenuptial fellas. There is no excuse to get raped but ignorance.
 

G.I.Bro

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Prenuptial fellas. There is no excuse to get raped but ignorance.
A prenup doesn't have to mean both parties walk away with nothing. You can agree to provide for your wife and kids and it can still be beneficial to her but have some limits to the madness so she doesn't just go apeshit with your assets. You can present a prenup to someone you care about which provides them with some protections/assurances (which all women want) but will also stop a complete hemorrhageing should the bitch go crazy...

If they won't consider a prenup that is reasonable and fair to them, it's a red flag imo. When the honeymoon phase fades (and it always does) you're going to wish you did ask for a mutually fair prenup.
 
Last edited:

maldorf

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I have never actually seen this in person, but ive read one story about it.



the man was shamed to no end.. called a "dead beat", "loser", "leech/parasite".


but a woman who cheats and takes her ex to the cleaners? "empowered" and "you go gurlllllll"


funny how that works.

Very true. So much a double standard now. If a guy is a stay at home dad he is a bum but if a woman does it then she is a hero.
 

ronnieron

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You got totally screwed... How long were you married?

I was married 2yrs. Judge gave me all assets i had premarriage (house, 2cars, and all liquid assets in my sole name). I was also given custody of my daughter and get support for her... Although the custody reads joint custody, mother only gets her every other weekend. She agreed to custody order as long as it read joint custody. Lol
You should definately go back in. Even if she is not working, they should at least attach 40hrs to her at min. Wage
 

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