Legal Question in Family Law in Utah
two years ago I got a divorce my ex was ordered to pay me $600 a month after 40 years of marriage. I was not working at the time of the divorce. The judge told me to find a job to help compensate for the difference in what I was use to. Until recent he was paying on time ,Then in May he asked if he could stop payments for awhile until he could get his finances in order. Then he said he would pay me back what he owed which is for the months of May which he paid half and then full for June and July. He would resume payment for August. Since he was not working from Nov, until present his work has only paid him $1,000 a month which he has no bills to worry about. the 28th of this month he will be getting $2,025 from S.S. because he claims he can no longer work his regular job.But he feels that since I now have a job that he should be able to only pay me 1/4 of what he did based on his income and mine. And that he does not have to pay me the back alimony. My question is this; Does he by law stll owe me for those months and can he have the alimony reduced based on his CURRENT income. And can he make me pay him back for the months from Nov.till May that he was making less. He filed nothing before now. but says I will owe him money because I am now working..If thats the case justice is not fair.. He chose to try and see if he could get out of working and he succeed. He is 61 and tired of working I am 59 and now trying to make a life for myself,should I be punished for trying to better myself. I was given half of his pension and S.S. for 41 years of marriage everything else was split in half house furniture etc... Please tell me where I legally stand.. I make a mere $8.50 an hour and only work a little over 30 hours a week to get insurance which they take half my check for . PLEASE HELP ME WITH AN ANSWER. I really can't affor to go through court costs again
1 Answer from Attorneys
He owes all of the back alimony. If he files for an amended order regarding the alimony he will have to prove to the court that he cannot earn at his former capacity, and that his failure to earn is not his fault. You should consider filing an Order to Show Cause why he should not be held in contempt of court and why a judgment should not be issued against him. You can then garnish his bank account and wages for the judgment amount.
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