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OH I am very sorry to hear this - it doesn't sound as if you received a fair settlement. Since modification isn't an option for you and you would like to know penalties for nonpayment I will verify them for you. A few moments please.
the important part of my question relates to SC. can they garnish wages or extradite or put out a warrant in SC for the case in NH?
For child support yes they can, I am verifying about spousal support.
I have no child support issues since i have full custody...the issue is just the alimony. thanks
No I understand. I'm checking on the spousal support; I believe they aren't as restrictive as the CS issue.
According to SC 63-17-3570(a), your ex can send the order over for registration with the SC courts. Once it is registered, she can seek a contempt order via 63-3-620, and if they find you are capable of paying it, then can hold you in contempt (i.e. jail). SC will not look to modify the order itself, as NH as ongoing jurisdiction. Per 63-17-3570, once the order is registered, SC has jurisdiction to issue any wage assignment orders (garnishment). I'm going to see what other consequences there might be.
The idea about jail time is that if you are financially able to pay it, your refusal to pay it is a contemptuous action that you have control over. That's how they look at justifying the jail time.
i guess it depends on how they determine if i can pay... ha
Well, that's the thing; if the alimony is 30% of your gross income, and then you have $200K in debt, I don't see how you can pay it; but the court with jurisdiction has determined that you can...
thisis helpful. i heard that it is up to the company in SC for garnishment. Does the company have to agree or is it court directed with no way out?
It's court directed. I'm still looking into other things. Have you looked into bankruptcy by the way?
Already filed about 6 years ago...
My xwife ran up over $50K in bills and we were over-extended on our home with an adjustable rate that went rogue.
Oh...not good. Financially though the alimony amount doesn't make sense...still looking.
I am looking into this and have downloaded about 5 different documents; If you want to check back in 10 I should have a full briefing for you.
while you are looking... i can add to that. she claimed she was crazy and unable to support herself. Its not true, but she cried alot. She had no proof or doctor statements either.
The amount was determined like this... NH bases the formula on my ability to pay a her need.
she had a need higher than i could afford, so there was no GOOD place for the master to go.
I get that; I just think they miscalculated.
I had been, voluntarily, paying all her bills while we seperated. I was dumb and still in love.
she committed adultry 4 times in 2 weeks and i filed for divorce.
the master said... you found a way to pay 2500 so now you just keep doing it.
i felt sorry for the master...she had no way out.
but now i am in way too deep.
I have to leave soon. can you send me the result when you find it?
I am at work and need to stop chatting now. Is that OK?
Yes; go ahead. I'm doing a thorough research given the severity of the situation. Just check back here later. I should actually be done in 10-15.
thank you... how do i get back to this answer?
Whenever I enter a post you should get an email. If not, just contact customer service - they are great.
So the IRS can divert any of your tax refunds to pay any arrears in alimony. http://www.ssa.gov/OP_Home/ssact/title04/0459.htm
I'm thinking that, since SC is the home state of your child, SC has jurisdiction over Child Custody and Child Support. You may want to contact your child support enforcement unit (each county has one) to see if this would be a case they would handle. Sometimes they "impute" income to an able bodied person, and she may have to pay you child support, which can be offset against the spousal support. This is just an outside the box idea that you might want to explore.
Oh bummer. still checking the other issues.
OK so I've done a thorough check and the consequences in SC are limited to jail time (up to one year). Which is worse than liens on property, etc.
Yes, if you are at all behind/short, then they can garnish. I'm sure this is not worth asking but...have you considered reaching a settlement agreement with her?
And she wouldn't agree on lower monthly payments right?
Shoot; I am all out of options. I wish I had better news. I would suggest hiring a GOOD attorney in NH and giving it one last shot because this isn't a viable solution.
No; there is a time limit (typically 30 days) for appeal. I already thought of that.
I'm sorry. I really wish I had better news, especially since the alimony amount seems preposterous.
You are welcome.
I have had some time over the weekend. I read 63-17-3570. I am not doubting you. I would like to make sure i did not miss something. Chapter 17 is titled " PATERNITY AND CHILD SUPPORT". the entire chapter appears to be relative to paternity and child support orders.in fact, Title 63 is titled "South Carolina Children's Code"
see link at http://www.scstatehouse.gov/code/t63c017.php
I don't see any reference of definition of alimony or spousal support mentioned in my search.
am i missing something ?
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