ALIMONY

RICKY · #1 03-05-2004, 10:31 AM

HELLO OUT THERE.

I THOUGHT I POSTED THIS LAST NIGHT, BUT DON'T SEE IT TODAY.& SO IF IT POSTS TWICE, MY APOLOGIES.& THIS IS MY FIRST....

HELLO OUT THERE.

MONTANA HAS INTRODUCED ME TO THIS WEBSITE AND SUGGESTS THAT I POSE MY QUESTIONS HERE. I HAVE BEEN FOLLOWING A COUPLE THREADS FOR SEVERAL DAYS NOW AND FIND THAT YOU FOLKS ARE HELPFUL AND TRY TO TEACH PEOPLE HOW TO "FISH". SO HERE GOES.

SIX YEARS AGO I WENT THROUGH A DIVORCE IN THE STATE OF VIRGINIA AND PART OF THE SETTLEMENT IS TO PAY A FLAT AMOUNT EACH MONTH TO MY EX-SPOUSE UNTIL SHE REMARRIES, CO-HABITS OR PASSES AWAY.

THIS WAS AGREED UPON OUT OF COURT BY THE TWO OF US. MY ATTORNEY, AND SEVERAL OTHERS AT THE SAME TIME AND SINCE THEN, TOLD ME THIS SEEMED LIKE A REASONABLE AGREEMENT AND THAT THE STATE HAD A "GUIDELINE" THAT WAS USED TO DETERMINE THE AMOUNT TO BE PAID AND THIS AMOUNT FELL WITHIN IT. WHEN THE DIVORCE PAPERS WERE FILED THIS ALIMONY WAS PART OF THE DECREE.

IN OUR SETTLEMENT WE SPLIT OUR ASSETS AND DEBTS SO THAT WE CAME OUT EQUALLY. I ACQUIRED THE CREDIT CARD DEBT, THE EQUITY LINE DEBT AND MY RETIREMENT SAVINGS.

CAN ANYONE GIVE ME ANY DIRECTION OR IDEAS ABOUT DISCHARGING MY ALIMONY DEBT?

MY INCOME LEVEL HAS DROPPED CONSIDERABLY AND NOW MY CREDIT CARD DEBTS ARE REALLY HIGH AGAIN.

I AM DETERMINED TO GO INTO A REDEMPTION PATH REALLY SOON FOR THE CREDIT CARD DEBT. I AM STUDYING AS MUCH AS I CAN WITH THE TIME I HAVE AVAILABLE.

ANY ADVICE / SUGGESTIONS / DIRECTION ON ANYTHING I HAVE PRESENTED HERE, FROM ANYONE OUT THERE WILL BE HELPFUL, HIGHLY APPRECIATED AND WILL NOT BE TREATED AS LEGAL ADVICE.

KINDEST REGARDS,

RICKY

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Ice · #2 03-05-2004, 11:02 AM

hmmmm...

Have you thought about seeking to "re-negotiate" the "contract" you got yourself into??

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Jerseee · #3 03-05-2004, 11:40 AM

Ricky,

That may be the best route "re-negotiation". Because it is a contract.

Ice,

I'm wondering about something....can Ricky ask for a settlement offer of the contract and discharge it with a bond? Keep in mind, I am under the strong impression that alimony is a "purported obligation" or am I off-base since this could be a private contract witnessed by the inferior courts and not a public debt.

Ice · #4 03-05-2004, 12:48 PM

child support and alimony are both considered "obligations".

In this instance, I would attempt to re-negotiate before attempting to discharge.& Sometimes the road of least resistance is the wisest choice.

It could also be vehemently fought against... but since you gave the court jurisdiction in the matter from the start... it might be a rough road to battle.

Might be that the initial "judgment" could be void... but, all the court did was stamp its seal of approval on the contract that you negotiated... so... this is kinda thought provoking... things get real muddled when we "allow" the government into our private affairs.

I would have to defer to others for their input.

Ice

RICKY · #5 03-06-2004, 08:24 AM

THANKS FOR YOUR RESPONSES, ICE AND JERSEE.

I HAVE BROACHED THE SUBJECT OF RE-NEGOTIATION TO THE X A FEW TIMES, BY EMAIL AND OVER THE PHONE.& SHE ALWAYS STATES SHE CAN BARELY PAY HER BILLS NOW WITH WHAT I SEND & SHE DOESN'T SEE HOW SHE CAN TAKE ANY LESS.& ACTUALLY, NOW, I'M IN ARREARS BY 2-3 WEEKS, AND I GET EMAILS ASKING ME WHEN I WILL KNOW WHEN I CAN SEND HER SOMETHING.& SINCE I HAVE NO INCOME CURRENTLY, I TELL HER THE TRUTH, AS ALWAYS, "I DON'T KNOW".

(THE INTERESTING THING IS THAT WHEN WE SPLIT, I OFFERED HER ALL THE ASSETS, FREE AND CLEAR, AND I WAS GOING TO START OVER COMPLETELY, REBUILDING MY RETIREMENT AND ALL THAT.& SHE SAID HER ATTORNEY RECOMMENDED NOT TO TAKE THAT OFFER.& SO, IF I DIE TODAY OR&TOMORROW SHE HAS NOTHING FROM ME AFTER THAT AT ALL!)

WELL, I GUESS THAT I SHOULD STEP UP THE PRESSURE FOR NEGOTIATION.& ESPECIALLY SINCE RIGHT NOW I HAVE NOTHING ELSE GOING FOR HER OR ME.

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JERSEE,

& HOW COULD I HAVE OBTAINED A DIVORCE WITHOUT GIVING "...&the court jurisdiction in the matter from the start..."

& AND

ICE,

& HOW COULD I NOT "...."allow" the government into our private affairs." AND STILL GET THE DIVORCE?

THANKS FOR YOUR THOUGHTS,

RICKY

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Ice · #6 03-06-2004, 09:09 AM

Your problem began when you allowed the government into your marriage via the marriage license.

We should not allow the gov. into our personal affairs which they have no right to be involved in.

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dochand · #7 03-06-2004, 04:43 PM

Ice,

If you already have the marriage license (27 years) can it be given back or rescinded? Where might I research the procedure for doing such - if one does exist and work?

Appreciation is offered in advance.

Doc

Ice · #8 03-06-2004, 09:07 PM

Howdy Doc!

I do believe there may be some links and/or stories and downloads that deal specifically with marriage... I know that it has been discussed in various places within this forum... (check the thread "Howdy All" in the Misc. section)... you may find the answers to your questions in one of those.

Ice

dochand · #9 03-06-2004, 10:00 PM

Ice,

Thanks for the reply! I'll check out the thread you suggested and get back to you.

Have a fun and restful evening!

Doc

Jerseee · #10 03-06-2004, 10:24 PM

Ricky,

You could have gotten a divorce through common law procedures. You can post your notice in the newspaper for a month and if there is no response--it is uncontested.

Remember, an uncontested affidavit stands as truth.