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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11502
Experience:  Licensed Texas General Practice Attorney
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The divorce decree stipulated that "the respondant shall pay

Customer Question

The divorce decree stipulated that "the respondant shall pay petitioner a total of $43,200.00 in support alimony to be paid at the rate of $1200 per month over a period of 36 months, to be paid on or before the 18th of each month beginning the month following the date of entry of this decree (which was 03/22/2011). Said alimony payments shall terminate upon Respondent's (error - should say Petitioner's) remarriage, cohabitation with a member of the opposite sex or the death of either partner."

My questions are as follows:

1. If my ex-wife remarries on 6/6, moves as planned to Nashville, and alimony is due 6/18, do I owe her a $1200 payment on 6/18 or was her 5/18 the last payment she will receive.
2. Probably because of the loss of alimony, my ex-wife has not and probably will not notify me of her impending and subsequent marriage. Where and how can I obtain acceptable proof of her remarriage?
3. I'm not sure how the substitution of Respondent for Petitioner was missed by both opposing lawyers and the Judge, but is this a problem? As it stands, it appears that I literally could move in with a woman or remarry and terminate alimony at any time.

Thank you for your time.

Sincerely, XXX@XXXXXX.XXX
Tulsa, Oklahoma
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Do you know where she is going to get married?

Customer:
ScottyMacEsq :

For some reason I cannot view your response. I am going to switch to Q&A so that we can communicate further. If you will refresh your page in about 30 seconds, you will see the switch.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11502
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 4 other Family Law Specialists are ready to help you
Expert:  ScottyMacEsq replied 2 years ago.
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Expert:  ScottyMacEsq replied 2 years ago.
I have switched this to Q&A.

Do you know where she is going to get married?

Customer: replied 2 years ago.
See my response. Again, she is to be married in Tulsa to the best of my knowledge.
Customer: replied 2 years ago.
Did you get all my information?
Customer: replied 2 years ago.
Are you still there. I have not recieved an answer to my legal question. When and where will it appear?
Expert:  ScottyMacEsq replied 2 years ago.
I can't see your response for some reason, which is the reason I had to switch it over to Q&A. Sorry for any inconvenience.

1. If my ex-wife remarries on 6/6, moves as planned to Nashville, and alimony is due 6/18, do I owe her a $1200 payment on 6/18 or was her 5/18 the last payment she will receive. If this situation is not governed by the decree, then it's typically the actual date that the individual becomes remarried, cohabits, etc... with another that the alimony obligation terminates. So you would give a prorated amount for the time period 5/18-6/6 (the time that she was not remarried, and thus still under the original order). Since there are 19 days in that period, and 31 between 5/18 and 6/18, you should calculate 19/31 x 1200 = $735.48 for the prorated alimony for that period that she was not married.

2. Probably because of the loss of alimony, my ex-wife has not and probably will not notify me of her impending and subsequent marriage. Where and how can I obtain acceptable proof of her remarriage? If she's going to be married in Tulsa, then you can obtain a copy of the license that will be filed there. To obtain a copy of a marriage license visit the Court Clerk’s Office between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday. You may contact 918 -596 -54 78 for marriage license assistance or 918 -596 -54 54 for decree of dissolution of marriage assistance. But any other proof (even such as testimony regarding a ceremony) would suffice, as that would indicate marriage, or at the least co-habitation.

3. I'm not sure how the substitution of Respondent for Petitioner was missed by both opposing lawyers and the Judge, but is this a problem? As it stands, it appears that I literally could move in with a woman or remarry and terminate alimony at any time.
This is what's known as a "clerical error". Clerical errors generally are not enforceable, and the clear intent of the order would be. Since alimony is for the benefit of the recipient ex-spouse, the control of the termination is never left with the obligor ex-spouse (for obvious reasons that you have alluded to). You can petition for a modification of the order due to the clerical error, but even without such a modification, it would almost certainly be enforceable as intended.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, and again, good luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
Yes, apologies for the delay. With the Q&A function you don't see the lengthy response until it is finished and submitted, so it took a little bit of time to do. If there's something else that I could help you with, please let me know!

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