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If Awarded Payments for Arrears 1st husband owes in unpaid school/medical expenses, can 2nd husband have my alimony reduced?

Madison, TN |

I am remarried, and going through a divorce, after caught husband cheating with a man. I Was awarded Temporary Alimony, due to physical disability from illness and can no longer work. I have had a case pending in court to collect back arrears for unpaid child related expenses ex-husband was Court Ordered to pay half of, and never did, despite my billing him, for half of daycare, medical, dental, etc. If I am awarded payments to refund me for ex-husband's half of these expenses, that I was forced to pay, can my current husband have my temporary alimony reduced? -If so, Can I have these payments paid directly to my son, instead, who is now 18, and living on campus and attending college?

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Attorney answers 1


This question is a bit more complicated than you probably realize. First of all, the court will likely give you a judgment against your first husband for any arrearage amounts owed. However, getting a judgment does not mean that it will all be paid to you at once. He is more likely to either not pay at all, forcing you to collect on the judgment, or to begin making monthly payments to you for those arrearage amounts.

Secondly, it's hard to say whether your alimony would potentially be affected. It would depend on whether your alimony is modifiable or non-modifiable. Furthermore, your second husband would have to ask the court to reduce the amount he's been ordered to pay. However, if your divorce is still pending, and this is only temporary spousal support, receiving monthly payments from your first husband could reduce your need for spousal support. That doesn't mean that you would get nothing, but it might affect it based on how much the first husband is paying each month.

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