My ex has breeched our agreement in several ways ranging from not providing me with his current address to taking my child out of the state without my knowledge or permission. In the fall of last year he send me an email stating that he was going to cut the money he sends me each month by more that half. He was already behind over $4000. I responded and told him I would not accept this and would take legal action if necessary. I ended up meeting with my lawyer and suing him to have the money garnished from his salary. Since the agreement we have is not “incorporated” into the courts, my lawyer said I would have to bring suit upon him to do this rather that just submit the paperwork requesting this. My lawyer said this would not open it up for him to take me to court, but that’s just what seems to have happened. He has retained a lawyer and has filed a counterclaim. In his counterclaim he wants to set aside the agreement, to deviate from the state’s child support guidelines, and dismiss my request for ganishment.
We were married for almost 16 years and have one child who I have sole custody of. She is 8 years old. I did not make him leave, I wanted to work things out, but he wanted to move to Florida to be with the person he had been seeing in secret for 1 1/2 years.
When he left I assumed ALL of our debts and he left the marriage debt free. I did get the house and its contents (I have had it quit claimed and refinanced in my name). In your opinion, do you think he has a chance to change the things he wants to? I do receive more that most do for alimony, but remember, I assumed all our debts. He has not had a decrease in salary (but has had an increase). After we separated he and his girlfriend (the reason we split up) bought a new house (don’t know whose name it is in) and then she lost her job and was rehired at a job with less money. Therefore, THEIR income has decreased, but his has not.
I am afraid that the judge will "pull the rug out from under me and my daughter and we will lose our home and I will have to get a second job to support us. Is this possible?
Thanks for providing this service. My lawyer has had surgery and isn’t due back for a while and in the mean time, I am going nuts worrying that my life is going to crash around me and my daughter. Your responses are GREATLY appreciated.
Thanks -
Carolinagirl