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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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Wife and I were married very in a foreign country. We moved

Customer Question

Wife and I were married very young in a foreign country. We moved back to texas 20 years ago. Spouse then left me after 15 years. no physical abuse or infidelity that I know of. She moved back to her country of origin immediately there after. I more recently filed for divorce here per se (by myself is what I mean to say as in without lawyer). She has apparently returned to the US now and I understand planning to request alimony due to a disability she claims to have. She does have night seizures from time to time and always has since Ive known her but she did work 40+ hours weekly all the same here in the U.S. (with same health condition). In fact has made more then myself in many cases. I currently have very limited resources resources. She works under the table now. I know this as she has always done this and has never filed that income with IRS. Can I avoid alimony in this case? State of Texas. Thank you
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
If I withdraw the divorce request can this stop her from trying to get alimony? Basically trying to get water from a rock. Also, wouldn't her passport confirm that the USA is not her primary residence and here to try to get this money? She has achieved benefits from her country of origin by way of bribes per her. She has never asked me for anything and is actually way better off then I am by far although there is no US record of her current income, but there is of ten years of previous work here in the USA some time back. She droves Mercedes , shops extensively at saks etc... Bad situation
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

First, be aware that alimony is need-based. It's not automatic. For her to get alimony, she has to produce evidence of her necessary expenses and her income and show that she is not able to meet her own needs through the money she makes. Alimony is never guaranteed. She also needs to be able to establish that you can afford to pay her alimony, which she may not be able to do if her income exceeds yours.

There are a few things that you'll be able to do in an effort to avoid alimony here.

  1. If you have not been supporting her at all during the past 5 years, you can argue that she clearly did not need your help and therefore does not need it going forward.
  2. You can testify as to the work she did during the marriage, note that she had this condition at the time and it didn't affect her working at all. Or you can insist that she produce medical records stating that she cannot work and ask that she be denied alimony when she can't.
  3. You can subpoena all of her bank records, credit card statements and other documents to prove that she's working.
  4. You can also subpoena her employer's record and bring in her employer or her co-workers to testify that she's working and getting paid in cash.
  5. Essentially, she has to prove that she needs your money, and you have the ability to prove that she doesn't.
  6. You can also demand that she produce evidence of her income in the foreign country, testify as to whatever you know, and bring in any witnesses who can give the judge a full picture of her finances.

There is no alimony if the two of you remain married, but she can file for divorce if you withdraw the case. The judge will only dismiss the divorce if both of you agree, so that might not help you. She does not have to be a US citizen to seek alimony.

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