Temporary Alimony

[tea8182]

I work for a company and I make $18.74 plus any overtime, I also get per diem because I travel a lot for my company. My ex is trying to get temporary alimony and she makes $19.84 per hour, she is on salary and I am get paid by the hour. (We also work for the the same company)

She is trying to make me claim my travel per diem on my income, the way my company does it is I get a travel advance of say $2,000.00, out of that I have to pay for hotels, parts ect. I get a flat rate of what ever the GSA website states for that area. so I work from a pool of money. All I turn in is company paid receipts and that is it.

We both make about equal amounts of money so from what everyone is telling me she can not touch per diem since that is for business travel only. I have an attorney but even she doesn't know which has me kinda concerned since in 3 months I have paid $5,000.00 into a retainer and we haven't even been to court once.

Neither of us have any saving's or real property, we also both have separate banks.

My ex has an attorney also but her attorney was retained for 500.00 and is trying to get me to pay for her attorney fee's.

At this point I can even pay for my attorney my sister has put it all on her credit card.

We were only married for 2 years!

[Attorney Howard Iken]

There is no stock answer. This is an argument your attorney must make in court. They are going to argue your receipt of "in-kind" expenses equals additional income. The theory is that in-kind contributions lower your cost of living.

On the per diem ....

You must be prepared to prove the per diem all goes directly into business expanses.

You should also prepare to show those paid expenses do not eliminate the normal expenses you pay for your residence and daily existence.

On your meals, you should argue the paid-for meals are much more expensive than you would normally get at home, because you are traveling.


Your goal should be to show the per diem does not "inject" more money in your life because of the need to travel.


With all of that said, it would be unusual for temp alimony in a 2 year marriage, where both spouses earn decent money.


Attorney Howard Iken