- August 30, 2023
- Posted by: legaleseblogger
- Category: Related News
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Some Background
My husband and I have been dealing with a challenging situation regarding alimony payments to his ex-wife for about eight years now. Back when they were married, they had modest jobs and didn’t indulge in extravagant expenses. Unfortunately, she had a tendency to overspend, resulting in a lack of savings for our retirement or our kids’ college education. Whenever there was a need for extra money, they would take equity out of their home.
A Year Ago
A year ago, I faced a major setback when my job was eliminated. Up until then, I was the primary breadwinner in our family. Just two months later, his ex-wife formally requested a cost-of-living increase in her alimony. This, of course, caused immense worry as we knew we wouldn’t be able to afford the increase, let alone the regular alimony payments. In an attempt to address this issue, we decided to hire an attorney and took the matter to court.
Outrageous Claims and Financial Burdens
During the court proceedings, his ex-wife made outrageous claims that left us dumbstruck. She demanded $600 per month for hair care, a staggering $1400 a month for groceries (excluding an additional $400 for lunches), and a significant amount of money for dining and entertainment. Adding to our frustration, she currently lives with her boyfriend, yet dishonestly informed the court that she rented a basement apartment from him, with him acting as her landlord. Moreover, she drives an expensive new car, while my husband and I make do with our 12-year-old and 14-year-old vehicles. These examples only scratch the surface of the situation we’re facing.
The Devastating Outcome
After enduring the emotionally and financially draining legal battle, we ended up spending a whopping $29,000 on attorney’s fees. To our disbelief, his ex-wife claimed hardship and requested an additional $5000 from us to cover her attorney’s fees. Unfortunately, the court sided with her, granting her every demand while leaving us dumbfounded and hopeless.
Current Struggles and Financial Insecurity
The repercussions of this decision haunt us daily. I find myself crying at the grocery store, overwhelmed by the escalating cost of everyday items. Expensive car repairs have triggered panic attacks, as we simply can’t afford unexpected expenses. Despite leading a frugal lifestyle, we have always prioritized our four children’s needs. It’s surreal to find ourselves in this situation, where the court disregarded the evidence and made a decision that puts us on the brink of financial disaster. With another nine years of alimony payments ahead of us, retirement is a distant dream for me, as I won’t be able to retire until I reach 68. We live on the edge, constantly fearing that one unexpected event could cause us to lose everything we’ve worked for.
A Desperate Search for Remedies
Given our dire financial situation, we find ourselves with no resources to hire an attorney and continue fighting this unjust battle. We are left wondering if there is any recourse available to us.
AI Legalese Decoder: A Glimmer of Hope
In such distressing times, the emerging technology of AI Legalese Decoder can prove to be invaluable. This innovative solution utilizes artificial intelligence to analyze legal documents, contracts, and court rulings, providing users with a clearer understanding of their legal options. By inputting your court documentation into the AI Legalese Decoder, you can gain deeper insights into the decision-making process of the court and potentially identify any inconsistencies or errors made. This knowledge can empower you in seeking further legal remedies or presenting a more compelling case if an opportunity for review arises.
Though financial constraints prevent you from hiring another attorney, the AI Legalese Decoder offers a cost-effective alternative, providing you with a tool to navigate the intricacies of legal documents, understand your rights, and make informed decisions moving forward.
While the road ahead may still be challenging, harnessing the power of AI Legalese Decoder can offer a glimmer of hope for finding a way out of this unjust predicament.
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Has your husband spoken to his lawyer about options to appeal the decision? If not, that’s step one – especially if the increase is a significant hardship or is well in excess of your jurisdiction’s spousal support guidelines, but even if it isn’t. The appeals process is not a second shot at a hearing (generally), but it is a chance to review the legal appropriateness and procedural fairness of the decision.
Without a level of insight into the decision that it would be, frankly, inappropriate for you to share with us, it’ll be hard to say more than that.
This seems like a *very* unusual set of circumstances in Minnesota, given that state law on spousal maintenance contemplates obligor hardship, obligee cohabitation, and the likelihood of the obligee to obtain adequate employment in the future.
Did you use an attorney who specializes in divorce and has experience with spousal maintenance? Is your husband’s ex disabled, unable to work, or otherwise economically disadvantaged that prevents her from ever maintaining her own lifestyle? Are there *children* involved and part of this “alimony” is actually child support?
You can always seek a modification of support, and your job loss could arguably constitute an increase in his expenses sufficient to trigger a review, but your summary seems so bizarre. Eight years of spousal support is a *long* time without children being involved. Has your attorney given you any insight into why this was the decision made?
ThereÔÇÖs no way the judge granted $2400 in monthly alimony payments and $600 of it for ÔÇ£hair careÔÇØ
OP is either leaving something out, or thereÔÇÖs a corrupt judge in MN. Or this is fake.
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Other than finding employment, or some source of income for yourself, there isn’t anything YOU can do here. Your husband’s finacial obligations are his obligations.
Based on what you’ve said in other comments, it sounds like your husband was the main breadwinner in their marriage and that she spent most of that marriage raising kids, so with limited work history, she’s got very little social security or retirement savings of her own, so considering the length of their marriage, and that she sacrificed her own finacial independance during the marriage, the calculations made by the Judge are probably not going to be considered excessive.
You’ve left a lot of information out here, all of which would be helpful, but reading between the lines, your husband is a high earner but he was already financially overextended when you lost your job and she got her alimony increased.
Just as your income wouldn’t be considered in increasing what he pays in alimony, your lack of income wouldn’t figure into the equation, and your husband’s discretionary financial overextensions also wouldn’t be considered either- he is expected to prioritize his court ordered alimony payments over payments for discretionary items.
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OP, I do not believe this man was a high-earner during his previous marriage- to the extent his ex is getting $600 monthly for hair in the alimony???- but at forty-something had no home, no retirement plan, and no savings.
Alimony payments are based on actual financial information. There has to be a change in circumstance to allow for an increase in alimony 10 years post-divorce.
You can look up your state family law guidelines to get a basic understanding of how this works. What did your attorney advise? You paid $30k for something- if you include more information you might get some guidance here. Ultimately the answer will always be to have the advice of an attorney who is representing you.
Is it possible to do a paper divorce so your income is no longer factored into the alimony?
How much is the alimony per month?
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Sounds like the Ex did some favours or knows the judge. Because this ruling is insane.
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Filing Bankruptcy would have an automatic payment review of the alimony award in Federal court. Federal Judges in BK court tend to be understanding.
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