QUESTION
Can my husband stop or reduce maintenance 9 months after divorce because he chose to remarry and have a baby?
Asked on Oct 30th, 2013 on Divorce - Florida
More details to this question:
Our legal document, signed at the end of January this year, states that I get 3 years of maintenance and also child support. We never went before a judge, we agreed upon everything, and the financial plan was his idea. He believed he was being very generous and did so because he had cheated and lied and left me out of the blue with two small children and he felt guilty. I had been a stay-at home mom because we have a son who is a liver transplant recipient and follow-up care is substantial. He was in the hospital 3 times this past two months. I was with him every time and his father, who moved an hour away immediately after the divorce, only helped with one hospital stay by caring for our other child over night one night. Otherwise I was on my own - calling friends to pick up my daughter from the ER so I could stay with my son. I am in school to learn a new skill since I have been out of the workforce for five years and didn't expect to have to support them on my own. I am halfway done and making straight A's. I have also been absorbing many of what should be shared expenses onto my credit cards to avoid dealing with him. I was hoping to be working and able to allow him to stop or reduce maintenance (depending up in what I am able to make at first) by end of February (only 13 months in to my 3 years of maintenance.) But he has married his affair and has gotten her pregnant and now he says he wants to reduce maintenance right now. I too am not making ends meet and I have already been paying some of his bills. Does he have a case? Do I fight him on it or give in?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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A judge signed your agreed order, otherwise there would be no final order of divorce. His remarriage does not impact maintenance. Nor do his reasons for agreeing on what ultimately became an order. You need to follow the order to the letter. If he is not paying what he was ordered to pay make a motion for contempt re failure to pay maintenance/support. He has no obligation to help you. He should be taking the children at the times allocated to him in the parenting plan, but he has no duty to take them any other time. He does have a duty to pay child support regardless of your income. Again, what he has to pay is in the Order of Child Support. Agreements are the process. It means nothing until there is an order. The order is enforceable and that's what you need to look at. Anything preceding the judge signing the order is irrelevant once the order is signed.
Answered on Nov 05th, 2013 at 5:36 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If the maintenance is in the Final Judgment / Order, that document controls. File a Motion for Enforcement with the court.
Answered on Nov 04th, 2013 at 5:50 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If the provisions for child support and spousal maintenance are contained in a decree of dissolution which was signed by a judge, then In Arizona your ex-husband may not unilaterally change either of those payments. That must be done through obtaining an order from the court modifying the child support and/or spousal maintenance. You should consult with an experienced family law attorney in your area. Bring with you the dissolution paper work and orders.
Answered on Nov 04th, 2013 at 3:49 AM
Bruce Provda
Your agreement if part of your divorce has become an order and he will be in violation unless he goes to court to modify it.
Answered on Nov 04th, 2013 at 3:29 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, it sounds as if you have a case. Just because he chose to get remarried and have another child doesn't change his obligations to you. You should consult with an attorney.
Answered on Nov 04th, 2013 at 2:48 AM