Tag: Alimony

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, awarding spousal support, Spousal Support, spousal support agreement, spousal support awards

Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Post author By Scott
Post date September 4, 2014

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, Spousal Support

Divorce Family Law Spousal Support

Understanding Spousal Support

Post author By Scott
Post date July 31, 2014

When You Might Consider a Lawyer for Personal Injury Claims

“Spousal support” or “partner support” (in domestic partnerships), and “alimony” is when a couple separates or divorces, the court decides a spouse will need to pay the other spouse a certain amount of money as a form of support.

Contributing Factors to Determining Spousal Support

There are many contributing factors that determine the amount of spousal support, what the terms are, and how it can affect your taxes. A family law attorney will be able to walk you through the various steps of understanding spousal support, whether the courts decide you need to pay it, or if you need to receive it.

Changing a Spousal Support Decision

Often times a spouse or domestic partner might request that the amount of spousal or partner support be changed. For this change to be granted a “change in circumstances” will need to be proven. This means that a significant change, such as a job loss, has taken place. Occasionally the spouse or partner receiving support no longer needs it. A change in circumstances can also mean that the spouse/partner receiving support is not working towards becoming self-sufficient financially. When this occurs, the spouse/partner paying the support can request the court change the support order to reflect this inaction.

Report any Changes in Circumstances Immediately

It’s important to note that if you are paying the spousal/partner support you will still be required to pay the full amount of support the court ordered until the change of circumstances is proven, even if your financial situation has changed. So if you lose your job and do not change your spousal/partner support until three months after losing your job, you will still be required to pay three months worth of support, even if you are not able to. An interest rate of 10% is also adhered to that unpaid balance. Because of this, it is crucial that if you have a change of circumstances, you need to address it in court immediately.

For advice on family law and all it’s aspects including spousal support and alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Spousal/Partner Support, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, Change of Circumstances, Divorce, Partner Support, Spousal Support

Child Custody Child Support Divorce Family Law

An Overview of Family Law

Post author By Scott
Post date July 20, 2014

Because the title of “family law” covers a broad range of topics relating to marriage and children, it can be confusing as to what exactly falls under the definition of “family law.” Here’s a brief overview of what falls under the “family law” umbrella.

What’s Covered by Family Law?

Family law includes divorces, annulments, child custody and visitation rights, spousal support, alimony, and child support payments. But it also covers adoptions, matters of guardianship, state child protection, domestic violence, and restraining orders. A family law attorney will be able to advise you on any questions you might have surrounding these topics, but the following has a brief overview of specific topics

Divorce and Annulment

Both a “divorce” and an “annulment” will dissolve your marriage. An annulment specifically will, through the courts, be treated as if it never happened. Certain grounds must be met for dissolution of marriage to be ruled as an “annulment.” Because of this, most dissolutions are done as divorces.

Child Related Issues

The court deciding on child custody and visitation rights always decide on the bases of what’s in the best interest of the child. A family law attorney will be able to help you build your case and will help defend you. With this you might be asked to pay, or be paid child support. This is an amount of money, that has been decided by the courts, that a parent must pay to the spouse who is granted primary custody. This money is meant to go towards food and clothing, medical care, and education for the child.

Spousal Support and Alimony

Spousal support, often called “alimony,” are regular payments made from one spouse to another during separation or after a divorce is finalized. The goal is to eventually help the spouse achieve financial independence wherever possible.

If you feel you have a legal matter that falls under the definition of family law, you’ll want to contact a family law attorney that can help you figure out the exact next steps to take.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Match, What is Family Law? Typical Family Law Questions, June 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550