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AMU Alimony and Property Payments

Question Description

You work in a law firm as a paralegal.

Husband, Mr. Jones, comes into the office and the following is learned after the initial client interview.

Mr. Jones was a salaried corporate partner and was married to Wife, Mrs. Jones, who earned an hourly wage. The couple filed for divorce after 17 years of marriage. Shortly before the divorce, husband quit his job and bought a Dodge Ram diesel pickup truck secured with an auto loan. The divorce settlement awarded Husband alimony in the sum of $250 per week. The Wife, Mrs. Jones, was ordered by the court to also pay the monthly truck payments for Husband until it is completely paid off. She agreed to relinquish title and all interest to the vehicle once it was paid in full. Husband only cares about cruising around in his truck these days. While out cruising, Mr. Jones found a woman and has fallen in love! The relationship has been getting serious and he wants to move to the next level. He wants to marry his new love, but he is concerned about how the remarriage will affect his alimony from the divorce settlement. He has come to your law office for advice on how to proceed. He wants to know if he will lose the benefit of his truck payments being paid by Mrs. Jones. He feels this is a property settlement and not an alimony payment. He is aware that if he remarries, he will lose the $250 per month alimony, but the truck payments are unclear.

  1. First, read the case of Crosby v. Lebert, 285 Ga. 297, 676 S.E.2d 192 (2009).
  2. Next, based on the Crosby case, how would the Georgia courts decide this case?
  3. Finally, in what state do you live? (USE SOUTH CAROLINA) Write a letter to Mr. Jones, outlining the law and explaining what will happen to the pickup payments if he remarries.
  4. If you wish, what would you advise MRS Jones to do if you were HER lawyer?


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