I pay alimony, but can no longer afford the payments due to a significant reduction in income. The only money I have access to is my IRA.
I am filing for an alimony modification and am concerned about protecting my IRA.
Can the court order a judgment against my IRA in order for me to continue paying alimony?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas alimony laws where I am licensed to practice.
Most likely not. Usually, the court could order a judgment against your IRA for child support but that is still not likely either.
If you are paying your spousal support through probation then the court is more likely to intercept your tax refund more than anything else.
You could move forward with requesting a modification of your alimony payments with the courts and provide proof of your change of circumstances.
You should check to see what the terms of your divorce decree, or attached agreement, are regarding alimony because it may contain anti-Lepis language that prevents you from seeking a modification.
An anti-Lepis clause is enforceable as long as it fulfills certain conditions and may only be modified in extreme cases. If your decree does contain this anti-Lepis language you should verify that it meets the conditions to make it enforceable and you may still seek a modification but it may be very hard.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.