QUESTION
Can I request to receive spouse support after 5 years of divorce being final?
Asked on Dec 25th, 2012 on Divorce - Colorado
More details to this question:
I've struggled to keep a roof over my head and have lost my vehicle and other belongings due to lower paying jobs. He stopped paying certain bills. We verbally agreed he would pay instead of ordered support. I have been without transportation for 4 1/2 years. Now I lost my job and need the help. My struggling has turned desperate. To top it off he is retiring and the 50% of retirement I was to receive is no more because he may get 100% disability.
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Sadly, the answer is No. If you waived maintenance (spousal support) at the time of the divorce, that is irrevocable. If your ex has failed to meet other of his responsibilities under the divorce decree, you can try to have him held in contempt, and seek an order that he pay what he is required to pay, and possibly even contribute to your attorney's fees for bringing him back to court.
Answered on Jan 04th, 2013 at 1:33 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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If you did not get alimony in the original divorce, you cannot get it now. If you got child-support, it can be modified if circumstances have changed. An equitable division of marital property is a final judgment and not subject to being changed. Any deals apart from the court order are probably unenforceable.
Answered on Jan 04th, 2013 at 1:30 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If your divorce decree does not reserve the court's jurisdiction to review spousal support, no, you cannot receive any. If your decree provides your spouse is to pay certain bills and he's not, you can file for contempt. As for the retirement, you need to consult with a local attorney to see if you can obtain anything there.
Answered on Jan 04th, 2013 at 1:29 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No not unless it was held open. If it was waived, you are out of luck.
Answered on Jan 04th, 2013 at 1:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question requires both an examination of the final divorce order and knowledge of the state law where that order was entered. It is quite possible that it is too late to seek spousal support now if it wasn't ordered initially, but you need to consult an attorney in person to discuss the facts and your potential options.
Answered on Jan 04th, 2013 at 1:27 PM