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Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start

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  • 06-07-2014, 02:48 PM
    Curious Divorcee
    Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    My question involves a divorce in the state of: ALABAMA
    I have non-modifiable alimony (only exception is remarriage/cohabit). If I draw Social Security, 51% from mine & 49% from his as I did not work in the marriage, can my former husband deduct the share that I draw from his. Can he do that with non-modifiable alimony?
    THANK YOU.
  • 06-07-2014, 05:32 PM
    Disagreeable
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    With court approval, yes.
  • 06-07-2014, 10:31 PM
    llworking
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    Quote:

    Quoting Disagreeable
    View Post
    With court approval, yes.

    Its non-modifiable. Therefore no, a court cannot approve a modification under normal circumstances.

    OP, your former husband cannot deduct anything. On top of that, the fact that you can draw SS benefits under his work history does not impact HIS SS benefits at all. He will get the same SS benefits whether you claim anything or not.
  • 06-08-2014, 09:32 AM
    aaron
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    If the alimony provision indicates that the amount will be adjusted once you start receiving Social Security retirement benefits, then the amount can be adjusted consistent with the order. If not, then it's unlikely that alimony will be adjusted, but for a definitive answer you will want to have your lawyer review the language of the order.
  • 06-08-2014, 10:30 AM
    Curious Divorcee
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    Are you an attorney, if so, what state?

    - - - Updated - - -

    My case in ext. complicated. I live in a 3rd state. I was divorced in AL. My former spouce lives in FL He stopped my alimony & demanded I collect SS. I filed in FL for non payment. My
    FJ was domesticated to FL. The defendant filed appeals in FL, therefore acknowledging that FL had jurisdiction. The defendants attorney filed a case law that AL law applies in this case. That my former husband under AL law was to receive credit for the Social Security (the amount I collect from his work history can be deducted from his alimony payment). FL does not allow for this credit. The judge fuled that my FJ was subject to AL law. My alimony just got cut in half. My attorney's position was that the FJ was in deed domisticated in FL and subject to FL law.
    Any thoughts? Please let me know IF you're an attorney and if so what state?
    Thank you so much.
  • 06-08-2014, 10:42 AM
    Dogmatique
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    There are perhaps a handful of attorneys on the site.

    Please read the TOS.
  • 06-08-2014, 10:50 AM
    aaron
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    Quote:

    Quoting Curious Divorcee
    View Post
    Are you an attorney, if so, what state?

    Yes, Michigan. Not that it has any bearing.
    Quote:

    Quoting Curious Divorcee
    My case in ext. complicated. I live in a 3rd state. I was divorced in AL. My former spouce lives in FL He stopped my alimony & demanded I collect SS. I filed in FL for non payment. My FJ was domesticated to FL. The defendant filed appeals in FL, therefore acknowledging that FL had jurisdiction. The defendants attorney filed a case law that AL law applies in this case. That my former husband under AL law was to receive credit for the Social Security (the amount I collect from his work history can be deducted from his alimony payment). FL does not allow for this credit. The judge fuled that my FJ was subject to AL law.

    All of that would be important to share if you want a comment on the judge's ruling. The judge's decision does not surprise me, but that's based upon similar issues in similar cases, not upon any specific knowledge of your case or research of the Florida and Alabama legal issues you have only just disclosed to us; that level of research is a bit much to expect from a free forum. You should discuss with your lawyer whether or not it would be worth attempting an appeal.
  • 06-08-2014, 10:54 AM
    Curious Divorcee
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    She's happy, she got her $5000.
  • 06-08-2014, 10:59 AM
    Dogmatique
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    Quote:

    Quoting Curious Divorcee
    View Post
    She's happy, she got her $5000.

    Curiouser and curiouser..
  • 06-08-2014, 11:45 AM
    Curious Divorcee
    Re: Does Non-Modifiable Alimony Change Once Social Security Retirement Benefits Start
    what is TOS ?
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