Readers ask: Case Where Alimony Was Canaeled?

Can you reopen an alimony case?

Divorce is granted by way of a decree passed by the competent Court against which an appeal can be file in Higher Court. There is no provision of reopening except to set aside a decree by the court.

In which case alimony is not granted?

Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support.

How does alimony disappear?

In California, the obligation to pay future alimony automatically ends when the supported spouse gets remarried. The supported spouse must notify the paying spouse of the remarriage, or the court will order the supported spouse to provide a refund for excess payments after the wedding date.

How do you challenge an unfair divorce settlement?

If you and your spouse agreed on a settlement during your original divorce proceedings, appealing the decision can be next to impossible. Your next option is to have your divorce agreements modified. With the help of a family law attorney, you can file a motion to modify the divorce decree in light of new evidence.

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What happens if you can’t pay a divorce settlement?

A judge can order your wages garnished if you fail to make payments required by the divorce order. Money will be taken from your pay check to put towards your past due payments before you receive it. There are legal limits on how much money can be garnished.

What happens if husband refuses to pay alimony?

What happens if the alimony is not paid on time? Once the court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties.

Does wife get alimony if she cheated?

Cheating does not affect spousal support awards in California. In this state, a dependent spouse can have a one night stand or a full-blown affair and it will not reduce or eliminate their ability to receive alimony. Spousal support can be awarded during and after a divorce; however, it is not automatic.

Can a working wife claim maintenance?

Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc.

Can my wife take everything in a divorce?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

Is alimony for the rest of your life?

Permanent alimony does not necessarily mean that the payment will last for the rest of one’s life, but until the occurrence of a terminating factor such as: cohabitation; remarriage; or death of the payee spouse. There is no set time for rehabilitative alimony to end and is determined based on the individual situation.

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How long does an ex husband have to pay alimony?

Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.

Is it OK to remarry after divorce?

Your state might have a waiting period. While most states do not have any such restriction on getting remarried, you might live in one of a handful of states that have a waiting period for remarriage after a divorce. You may need a waiting period. It’s important to avoid rushing into a second marriage after a divorce.

Can you challenge a divorce settlement?

Any party to the divorce may appeal the decree, so long as doing so is not prohibited by state statute. If both spouses agree to the terms of the settlement, the final settlement cannot be overturned on appeal unless there were issues regarding how the agreement came about.

Can a divorce financial settlement be reopened?

However, a financial settlement may be reopened if something later happens that alters the principle on which the original consent order was made i.e. where there has been a material change in circumstances. The request to re-open the financial settlement is submitted to the court soon after the new events occur.

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