Is maintenance/alimony an earned award or a supplemental award?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is maintenance/alimony an earned award or a supplemental award?
My ex-husband states that maintenance is an earned award rather than a supplemental award and should only be paid once it has been earned, therefore, I do not get paid for my maintenance until the end of each month. Legally, how is maintenance/alimony paid to the spouse if it does not state in the court order when it should be paid? Is maintenance/alimony to aid in the spouses monthly income or does she have to earn it first? If it is should be paid at the beginning of the month as a supplemental income then I need some legal way to convince him that it should.
Asked on November 13, 2010 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I think that the legal way you are going to convince him is by taking him back to Court on the first of each month and asking for a judgement. But you really may want to consider asking the Court to modify the award to make it payable on the first of every month if he is being such a stickler. I would suggest that you seek help from your attorney on this one as I have never heard such a characterization of the award. Think about it: how do you "earn" maintenance/alimony after a divorce? You already did - by being married to him all those years. Now you have been awarded what the court believes he should pay you. It is ludicrous. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.