Alimony question

[divorced mom]

When my ex and I were divorced several years ago, it was indicated that I would receive periodic alimony and because of the length of our marriage that would be for life.  However, since then, he doesn't seem to be able to remain employed (he's lost several jobs and we continue to go back to court for Pendente Lite hearings).  Is it too late to change periodic alimony to lump sum alimony?  And if lump sum is possible at this stage, is it taxable to the recipient like periodic alimony?

Thanks!

[TC]

The real answer to that question is probably going to depend on which state you live in.

I'm not an attorney, but my best guess is you could try to go back and get a lump sum, but I doubt the court would give it much thought unless your ex agreed to it up front.  Should he and you agree, and agree on the amount, the court might give it seriousl consideration. 

As for taxable to the recipient....all of my alimony was taxable to the ex upon receipt...I would think it would be the same in your case.

TC

[divorced mom]

I'm in the state of Alabama.

[m_t]

I agree with TC. It's unlikely a court would change it at this point in time, unless he is also in agreement. BUT... you could file against him for contempt of the order, and a judge (if he's found in contempt) is likely to either order him to pay a certain lump sum of the arrears or order a payment plan on top of the ongoing alimony. The arrears also accrue interest, btw, which is payable to you. It actually is important that you file against him for contempt as, if you don't do so, there will come a point that he can use something called laches as an affirmative defense (basically, it means that you never bothered to go after what he owes, so he shouldn't have to pay it).

And yes, alimony is always taxable to the recipient, regardless of the form in which it is paid.

[silly dreamer]

It actually is important that you file against him for contempt as, if you don't do so, there will come a point that he can use something called laches as an affirmative defense (basically, it means that you never bothered to go after what he owes, so he shouldn't have to pay it).

Is there anything like this with regard to child support?

[TC]

Normally if a NCP is to pay CS they are to pay..regardless of time..but the CP does need to start the process in action.  Best bet is to work through your local DHR/DHS to do this...once they get their teeth sunk into the case, they are unlikely to let go.  Its getting them to sink their teeth in that can be the hard part.

[livealittle]

in AL, the statute of limitations is 20 years from the due date.

I wrote asking some questions about this and Lee blogged about it. it's dated March 6 or so 2007 - March 8, 2006? I think that's correct.

If I find it I'll post a link.

[livealittle]

http://divorceinfo.com/blog/?p=375

[silly dreamer]

Thank you both... very interesting and good to know.