Alimony Pendente

Question: My soon to be ex is requesting Alimony Pendente Lite in Pennsyvania. Does anyone know how I can avoid paying?

Answer: I had the same thing happen to me. First of all get an attorney. My ex wife had to state a reason that she deserved alimony to the case worker at a domestic relations hearing. She said she deserves spousal support because i flirted with other people and this caused her emotional distress.( I believe any reason she would have stated would have been ok to the case worker) They look at incomes of both parties. I made about $20,000 more than my ex. Then the case worker refers to a chart. I got notified by mail that i was going to pay $850/ month spousal support till divorce was final. The divorce would be final as soon as she signed it but she didn,t sign it for three years. After 2 years i was able to apply for a "master hearing" where divorce would go in front of a judge to determine if divorce should be finalized with or without her signature but this hearing needs to be scheduled and this takes awhile plus it cost me $ 1500 to apply for it. Finally my father told my attorney to offer her $10,000 cash to sign papers and finalize divorce. She did. At one point i took a sick leave from work for 6 months. Then they lowered what i had to pay her because i was receiving sick benefits which is alot lower than my normal pay. Oh yea- your spouse can request additional hearings to get even more money if you get a raise or if they are experiencing hard luck due to lowered wages. This was in Pennsylvania court systems.( Fayette county) Which is known to be the most corrupt of all counties in Pa. I have never met any one who got a fair deal at human relations where i am from. The worst part is she eventually lost her job from stealing due to drug abuse and they made me pay more at one point. I argued that i was being penalized for her criminal behavior but they didn't see it that way. I wish you luck.

Question: Taxable pendente lite alimony? I live in NJ and I make 15,000.00 year. My soon to be ex must pay the mortgage / utilities. Out of that $4,,400.00 amount a month I will be taxed on only 1000.00 per month. Right now I claim 0 at work on my paycheck. My question is what should I now claim and what should I do to avoid paying too much during tax season? Help!

Answer: Dear Q: Try www.hrblock.com and their free calculator to see if you are on track or not. This free calculator is amazingly accurate if your entries are good numbers. This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts you provided, Click on my profile to read more. Errol Quinn Enrolled Agent

Question: Is pendente lite tax deductible? I got divorced in March 2007. Prior to the final judgment, I paid pendente lite to my former spouse. After March 2007, I paid regular alimony. Is pendente lite treated like alimony and also tax deductible?

Answer: If it was court ordered yes. From pub 504: A decree or any type of court order requiring a spouse to make payments for the support or maintenance of the other spouse. This includes a temporary decree, an interlocutory (not final) decree, and a decree of alimony pendente lite (while awaiting action on the final decree or agreement).

Question: what takes place during pendente lite hearing? I am representing myself (pro-se), and I have an Alimony pendente lite hearing coming up. I would like to know a little more as to what actually takes place with the judge during this short hearing. Does he/she start by making you explain why you are requesting alimony and asks the other party the same or does the juge just look at both financials and asks a few questions and makes a determination. Does the judge want to see proof of your expenses (bills) that you have listed on your financials? I would feel much better if I knew exactly what to expect at this hearing. State: NY

Answer: just to be safe, I'd bring a folder with 3 copies of each document (1 for judge, 1 for spouse, & 1 for you). Be prepared to state why you think you should get alimony, show a chart of your expenses, proof of your and your spouses income, and anything else to back it up. Believe it or not, less is more. Don't bombard the judge with 20 pages of documents. Only present what's directly relevant. Everything should be perfectly organized. You could staple them into 3 packets--1 originals, 2 copies. # the pages so you can very quickly say things like, "On page 5 you'll see his w-2 from last year..." It makes it easier to follow along. Judges don't want to do the work for you. They LOVE people who are prepared and nicely (professionally) dressed. Wear a suit or a nice conservative black dress and heels. Here's the winning formula: 1) Come in and tell the judge exactly what you want. If you don't really know a figure or exactly what you want, how can you expect the judge to give it to you? It's your job to figure that out in advance and communicate it clearly in court. 2) Tell the judge exactly why he/she should award you what you want in terms he/she can understand. 3) Present documents to back it up. Nothing more, nothing less. Good luck.

Question: how to define alimoney continued....? I apologize, but I could not figure out how to respond to the answers directly, so I think I'm writing this as a new question (please tell me how I can respond to questions) The CONSENT PENDENDTE LITE ORDER says: Ordered, that the defendant...(ex husband) shall continue to pay mortgage, int., prop. taxes, for the jointly titled property ... He shall also continue to pay for electricity, gas..etc.....and it is furter Ordered, that the following agreement shall be without prejudice to either party's claims regarding alimony, alimony arrearages, counsel fees, and suit money and said issues are reserved pending a final hearing in this matter. Pendente lite order was in place for 5 mos. When the divorce was finalized, i did not get alimony. I kept the house and took a small portion of his 401K. So, are the mortgage + utilities he paid under the pendente lite order for 5 mos. considered alimony?many thanks in advance.

Answer: no that is not alimony, he just had to pay the bills until it was final.

Question: My ex refused to pay my his share of day care, life insurance, other things the court ordered him? I got divorce last summer after 10 years of marriage, my ex left me for his young co-worker. On pendente lite, the court ordered him to pay mortgage, child support, day care and house bills since I wasn't working at that time (I have not been working for 7 years to care for our son as per our agreement, I was working before our son was born and gave him all the money I made to pay his debt from his previous marriage). He paid nothing and it caused the house in foreclosure, electric got shut and debts on bills and day cares for our son. On the divorce agreement, he ordered to pay child support, alimony, day care, health care, and life insurance. He was making 110,000 but when I filed for divorce his suddenly decrease to 52,000 . He pays only child support and alimony because I asked the court for it to be garnished from his wage. He got away paying me a half of what he actually making because I have no proof to the court that he makes the same amount money (or even more) when we separate. He is working with cousin. After the divorce he told me that he was making the same amount of money but only 52,000 putting on his paycheck and the rest his cousin gave him by paying all his expenses. He also mentioned he has to put his salary low because he didn't want to give me any supports and planning to file for bancruptcy so he can get chapter 7 since our house in foreclosure, and after that he will get all his full amount of salary back. I started working when we separated and recently I have full time job as a entry level and unfortunately I don't make enough money and I still need his help with our son since our house will be taking away by the bank and I have to moved to an apartment. I am struggling paying everything with my little salary left alone my son full day day care, and my ex still refused to pay and keep telling me he has no money. Is there anyway that I can make him pay all the money he owed for his share of day care and other things that the court ordered him to pay or to do. He pays child support and alimony because he scared he will go to jail and he keep telling me that he will gets away with everything because I don't have prove of how much income he is making. The other thing is that the court also ordered us to exchange tax return every year since he decrease his actual salary and he ordered to pay me 50.00 more every week for every 10,000 he makes. I know that something that I will never gets from him unless I subpeano him, his girlfriend and his cousin. He keeps tell me that he has no money, he also threating me that he will quit his job while he went vacations, going to clubs, fancy dinners, buying fancy clothes, new car, and last week I just found out he bought a new house using his girlfriend's name. Another thing is that he refused to give me his new address and he has twice a month visitation with my son (he spend one night with him) and I don't want him to bring my son when I don't know where his new address is, please help me, I really need help. Thank you.

Answer: unfortunately you are going to have to take him back into court and there is no way to verify his money when he works with a relative because the relative is always going to lie for him. if the home is in her name there is no way to get by his dishonesty.