by TerrysAngel1965 on October 30th, 2008

TerrysAngel1965

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My divorce was obtained in Arizona. I now live in Missouri, and I receive alimony. The alimony was garnished from my ex husband's Army Reserve pay, and his duty is over. Do I have to change jurisdiction to Missouri to get my garnishme

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  • by Athrael on October 30th, 2008

    Athrael

    Private companies (non-government jobs) are usually not garnished unless he refuses to pay. So you most likely will not be garnishing wages if he is employed by a civilian company/business.

    Garnishing Military pay is easier since personnel may be moved at any time, and there are plenty of cases where a person is unable to send a check - say if he was sent to Iraq, he can not be expected to take time out of dodging bullets to write a check, or mail a check from a nuclear sub that is spending the next 90 days under the north Atlantic... etc. Garnishment (auto deduction) from the wages makes sense.

    Alimony should remain the same even though he is now discharged from active duty. Unless he contests the alimony due to not making enough money or being unemployed. Or unless you contest the previous decision because you think he earns more or because you believe you deserve more or because you want to stop the alimony.

    Mind it is highly probable that he does not have a job at this moment and taking this to court right now can back fire. It is always best for divorced couples in cases of custody or alimony to make an effort to reach an out of court agreement when situations change. Many judges dislike couples who come to them for minor changes especially when no communication was tried first.

    Change of Jurisdiction/Change of Venue: You need to contact the court that did the divorce. You can file for a change of venue (move the case to Missouri) However divorce laws are different from state to state and where you may have gotten a tidy reward for divorcing the man in Arizona in Missouri the law could be laid out in a manner that puts you at a loss.

    Your best bet is to contact the attorney who handled your divorce case before. S/he may advise you to keep the case in Arizona to benefit from the laws in that state.

    In most divorce settlements the judge/court sets out a long list of 'if/then/else functions' to the case - EXAMPLE: If the man is discharged, then payments are X, else the payments are Y. So it is possible that this situation is already decided by the court and it is stipulated in all of those legal papers you got from court.

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