Can my husband deduct my court ordered alimony from my profit share of our business?
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Can my husband deduct my court ordered alimony from my profit share of our business?
The court ordered my husband to pay alimony to me in a domestic violence injunction I hold against him.
Since we own together a company, my husband deducts the amount from my profit share. Can he do that or would he have to pay the alimony from his profit share?
Asked on December 24, 2016 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, he has to pay it from *his* share of profit (and/or from any other income he has). Paying it from your share of the profit is making *you* pay your alimony, which is a violation of the court order, which requires him to pay it. Since he is violating the order, you should be able bring a motion for contempt against him in family court, asking the court to punish or sanction him until he makes good on the almony from his share and ceases doing this in the future.
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