Is a pension amount considered alimony?

Old 11-10-2015, 03:59 PM
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Is a pension amount considered alimony?

I was awarded a certain amount of alimony. I had thought that if what I received from that pension would then negate the alimony if it was over the alimony amount. I don't think that if I receive more in the pension, that I would have to reimburse him. After all, isn't a pension an entitlement? Don't know if I explained that correctly
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Old 11-10-2015, 04:04 PM
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Is this per a divorce decree or court order? I'm assuming that you were still receiving alimony and perhaps you remarried? More details are needed to answer your question.
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Old 11-10-2015, 04:10 PM
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Divorce decree. It was agreed that (for ex) if my alimony was $1000 a month, and I received $1200 a month from him, but he got $400 from my pension, then it would be $1200-400=$800, alimony still at $200.

But there were months that I just receive his pension of say $1200, which means that he would have satisfied the $1000, and I didn't think I would owe him $200. a month. I think alimony and satisfying those payments are 2 separate things, and as long as I received more in his pension, then I would not be overpaid and owe him money. Does that make sense? I'm trying really hard here.
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Old 11-10-2015, 04:12 PM
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Old 11-10-2015, 04:21 PM
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My ex was also entitled to a portion of my pension. He messed things up and his Month of Entitlement was 9/2015. My Month of Entitlement to his was 1/2015.

I am not asking this question to screw him. I told him that we could go back to 1/2015 and assume that he receive some of mine so that I would actually owe him money. He wants to argue about everything. I told him what may happen in court. His date of entitlement is later because he didn't get the necessary info in.

All I want is what I would be entitled to if he got his info in on time.

If I do this the other way, he will owe me $ 1400., if I try to compromise with him, I will owe him $480. I don't want more then what I was entitled to regardless of his stupidity in not getting the proper paper work in on time
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Old 11-10-2015, 04:24 PM
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So you're saying that there were some months that you received $1200 from him and he didn't receive your $400 pension? If that's the case, then per the divorce decree, you were overpaid. The other question that I have, and I'm sure that a judge is going to have, is does the divorce decree specifically state that his pension, or your pension, being received directly by either of you, would be used towards alimony? It has to be very specific. I do taxes, so I know what they expect and what needs to be reported, that's the only reason I ask.
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Old 11-10-2015, 04:32 PM
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Yes, my divorce decree specifically states when I receive part of his pension, and he gets part of mine then we subtract the difference for the alimony amount.
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Old 11-10-2015, 04:33 PM
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Amy, I think you need to contact your divorce attorney to have him/her explain your order. It would depend on how it is worded.

To the best of my knowledge (and I'm not an expert on this), the pension payments you both receive are part of the property division. Alimony is support that is completely separate from the property division.

Now, it's possible that your order ties the amount of alimony, in some way, to the amount of pension payments you are each receiving. I don't think that is how alimony is normally ordered, but again, I'm not an expert in it.

I think you need legal advice from someone who can interpret the terms of your specific order.
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Old 11-10-2015, 04:33 PM
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Note: I do not want to screw my ex out of money, I wanted to use this as leverage for him to not procrastinate about this.
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Old 11-10-2015, 04:40 PM
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My alimony payments are tied into my pension payments, and also his portion of my pension.
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Old 11-10-2015, 04:54 PM
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To be more exact here, I am entitled to a portion of his pension $2080. per month. My alimony amount is $1850 per month. He also gets $650 from my pension. Divorce papers say $2080 - $650 = $1430 paid in alimony. Alimony amount $1850 - $1430 = $420 in alimony.

Due to his neglect he did not start to receive his portion of my pension till 10/2015. My question was since he was not entitled to my pension till 10/2015, would his pension have negated or satisfied all alimony due to me, or would I have been overpaid?

I'm perfectly willing to do this as if he didn't stupidly mess it up and pay him an overpayment that I received, but if you go by documents that would go to court, he would owe me over $1000. Don't think a judge would want to hear should have, or any other ifs. I am just using this as leverage to stop the prolonged agony this will cause for me.
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Old 11-10-2015, 04:57 PM
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I agree with Lexie. The best way to get your questions answered correctly is to seek legal counsel. The laws are different by state, so in order to know the correct answer is to sit down with someone who has your divorce papers in hand and knows the laws of your state.
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Old 11-10-2015, 05:01 PM
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Thank you, I didn't really want to get into legal matter, was just trying to see if anyone else went through this.
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Old 11-10-2015, 05:02 PM
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You are going to HAVE to have a lawyer advise you on this. No other way, if you want an accurate answer.
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Old 11-10-2015, 05:04 PM
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Even if someone else "went through this," they would have to have an identically worded order issued in the same jurisdiction and the exact same fact scenario.

This isn't a terribly complicated question for someone who deals with it. Probably less than an hour of legal time altogether. Worth it to have an accurate answer.
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Old 11-10-2015, 05:19 PM
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It's like, I was never really going after him for that money. I don't feel I was entitled to it, even though he screwed things up. I would not use him screwing things up to affect his money. I just wanted to know if I could use that as leverage, if that was legit, to get things moving. Even if that did work where he would owe me about $1400, I would never have taken that. I would have paid him what I felt he overpaid me.

The only way to deal with my ex is to take actions like this. Yes, as of 1/2016 he will be owing me alimony again. I thought I could take care of it this year, by threatening, (which could be court approved) to accepting that I owe him $480. and he would feel that he won and I lost.

I would never take money from someone that I wasn't entitled to.
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Old 11-10-2015, 05:31 PM
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I'm sure you are trying to be fair, Amy. I don't think you are trying to get anything that isn't due you, but, if you are dealing with someone who is being difficult and argumentative, you would do well to seek legal counsel so you are exactly sure of where you stand.
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Old 11-10-2015, 05:49 PM
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I don't know why you keep explaining that. Nobody thinks you would try to get anything you weren't ordered to get.

Find out the answer. And if it turns out he owes you more, then you have your leverage (or go after it--nothing wrong with that, either).

Have a lawyer explain it to you so you are absolutely clear about it. Maybe even ask the lawyer to put it in a letter addressed to YOU. And that way, if you decide you need it, you can mail a copy to your ex and say, "This is what my lawyer is telling me." Followed by either, "I am willing to overlook your failure to pay this, PROVIDED I receive timely payments from now on," OR, "I would appreciate your taking care of this promptly."

Seriously. And if it comes to your having to file a motion to enforce litigant's rights, you will know exactly how to state your motion.
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Old 11-10-2015, 06:21 PM
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Right now I am bideing my time. I have to let enough time pass to take it to court as a "motion for contempt of court". This year doesn't matter much, it's a small amount. Will wait for at least 5 missed support payments and no agreement to have his check garnished so that he will have to pay both attorney fees.

This all started last week, and that was why I wasn't around. He fired another attorney because he didn't like what that attorney was telling him. So I got home from a wedding that I went to on Friday, and stayed over on Saturday, to "him".

Telling me that he is now pro se. Fvvk I liked his attorney. Telling me that I owed him about $3000., I did the comps, and I got about $500. This was with giving him the benefit of the doubt that I was limited to $1850 from him.

We disagreed, and the emails started. I should have just stopped when he told me that he was living with a great woman that didn't need any stuff from him. This was in response to me telling him that if we go to court, that I was given 50% of our possessions, and when I asked for them he said,they are all gone. Have email for proof of that.

Then I was told that the great woman he live with isn't crazy or a parasite. I didn't take too well to that. I just told him that I liked Joyce, and that I hope he is treating her better then he treated me.

I did detach after that, and just sending emails that can be shown in court. He did get me to bite, and I really don't regret it, I know I should.

Well that's why I wasn't around, head was ready to explode.
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Old 11-11-2015, 04:14 AM
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Take the advice and contact your attorney to handle this, then defer him to no longer contact you.

Its hard to follow what you are saying as the dates are confusing, but as I read it he was slack in submitting paperwork, and missed payment(s) from your pension.

This is just a matter of arithmetic. He has shown in the past to be impossible to discuss things with of financial matters. I'd pay my attorney that one hour fee to shoot him a letter outlining who owns whom what. If you owe him you'll just send him a check. If he owes you hopefully it can be worked out. If he isn't satisfied just put the onus on him to hire someone else an spend thousands trying to collect far less.

He sounds bored to spend so much energy arguing over this when it could very easily be worked out amongst the two of you. Perhaps you suggest he and his amazing woman take up a hobby, as he apparently has a lot of spare time.
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