Divorce was final in January. Ex ordered to pay $10K in transistional alimony at $600 per month until paid off.

Ex is claiming that the support he paid before the divorce (under a seperate order of temporary support) should be credited towards his 10K.

Anyone have an opinion or a follow up question so they can form an opinion?

Thanks

His argument is likely a losing argument...

But he is free to make it.

Has he filed a motion with the court for consideration???


Just a guess....but "temporary support" is a legal requirement for him to financially support you while he is still married to you.

I am not sure what the difference between alimony and transitional alimony is but I'd imagine it had to do with a property allocation figure that they termed "transitional alimony" such that he received the benefit of not having to pay you a 10,000 property settlement (that he obviously didn't have) on day one of the divorce. By calling it T.A. he essentially got a 16+ month interest free loan on money he should have given you the day you got divorced (which the court may have taken into consideration...you MAY have only got $9500 IF he had the money).

Whereas...straight alimony is a support figure based upon a notion that he should have to support the mother of children that supported him in his career, reared his children (foregoing economic opportunity) and thus entitled to share a portion of HIS financial earnings in the future for a specified period of time.

Like I said...just a guess. I don't think it's a winning argument for him. Though I am NOT a divorce attorney nor an attorney in your state.

Mr. Wondering

Thanks Mr W.

The temporary order of support was during the 16 months after he left the home, but before the divorce was final.
I am in Tennessee, we have the new Transitional alimony. It is like rehabilitative alimony, I guess (but we have that too).

He said he cannot afford to go to court again, he just called today to let me know that he wouldn't be paying alimony anymore because his calculation showed that he was done. He can't afford it anymore, so he came up with some figures to justify him not paying it.

Jean,

Does your divorce decree have any built in provisions in the event he does not pay support, i.e., accruing interest, a judgment, you receive the tax exemptions for your children, etc.?

Also, do you receive child support? I don't know TN law, but if you receive wage withholding through the county for child support, they will often times withhold the spousal maintenance as well. If you have a spousal maintenance award only, the county will not usually handle that for you. Not sure about TN.

The only provision is that if we have to go to court, the court shall award legal cost to the compliant party.

I do receive child support, but he pays me the alimony and child support directly, it does not go through the state agency.

Hey Jean, I found this at memphisdivorce dot com:

"Transitional alimony is new in Tennessee. While all forms of alimony involves a sum of money payable by one party to the other party, the most important issue in awarding alimony is the length of time during which the alimony should be paid. Transitional alimony lasts only for a certain determinate period of time and will otherwise terminate upon the death of the recipient or payor unless otherwise specifically stated in the divorce decree, such as a provision that the alimony will terminate upon remarriage of the recipient. Transitional alimony cannot be modified unless the parties otherwise agree in an agreement incorporated into the initial order of divorce."

Hope this helps.

Thanks Meggy,

I emailed my attorney with my question, hopefully, I will hear back from her in a day or two.

Now I need to work on why I let him yell and scream at me like that.