Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1

    Default 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.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

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

    With court approval, yes.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  5. #5

    Default 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.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  8. #8

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

    She's happy, she got her $5000.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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..

  10. #10

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

    what is TOS ?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retirement Benefits: What is the Minimum Age for Social Security Retirement Benefits
    By qmuddy2 in forum Social Security Law
    Replies: 2
    Last Post: 01-02-2014, 03:27 PM
  2. Retirement Benefits: Railroad Retirement Benefits and Social Security
    By jim-alex in forum Social Security Law
    Replies: 1
    Last Post: 06-09-2012, 12:49 PM
  3. Garnishment and Execution: Garnishment With Income Limited to Social Security, Military Retirement and Alimony
    By pepperjo in forum Civil Procedure
    Replies: 3
    Last Post: 05-26-2011, 07:23 AM
  4. Retirement Benefits: Social Security Retirement Benefits
    By mol in forum Social Security Law
    Replies: 4
    Last Post: 08-10-2010, 09:53 PM
  5. Retirement Benefits: Social Security benefits and working after retirement
    By seniorjudge in forum Social Security Law
    Replies: 2
    Last Post: 10-26-2006, 02:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources