QUESTION
What can I do if my ex is dragging the divorce to a point that I cannot afford her demands and my legal fees?
Asked on Aug 28th, 2012 on Divorce - Georgia
More details to this question:
I am going through divorce and made the money spouse by the court. The other party, who has control of the house, also has a renter, but for some reason the court did not consider this when my monthly support payment was put together. Between my payment and the rent and she has the mortgage and most bills covered. Do I have any defence against this? Thanks.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Talk to your attorney about modifying the child support number.
Answered on Sep 13th, 2012 at 8:13 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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The court should have considered the rental income. Get a trial date and finsih the litigation.
Answered on Sep 12th, 2012 at 12:20 PM
There are a lot of options for you in this matter. I would need to know whether there are in place what is called Temporary Orders issued by the Judge in your case. This will dictate largely how and what you can do. I did not understand your scenario, but I assure you that you do have a defense against an Order if one is indeed in place. An Order can be set aside if it is shown that not all the relevant and substantial facts were before the Judge at the time the Judge issued it's Order. I fully understand the effects of financial attrition waged to opposing parties in Divorce. What you need is an inexpensive attorney that is passionate about resolving Divorces in a timely manner without compromising your rights and without breaking the bank. I have a proven track record of just that, in fact as far as my rates go, none are cheaper. I'm totally affordable and as such, I level the playing field financially.
Answered on Sep 11th, 2012 at 12:51 AM
William C. Gosnell
Stop paying her without your lawyer you will lose.
Answered on Sep 11th, 2012 at 12:39 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It sounds like you need to go to court for a rehearing or a modification. A rehearing must be filed within about 10 days of the order being issued .
Answered on Sep 10th, 2012 at 1:23 PM
I strongly suggest you have a face to face consultation with a family law attorney because there is no reason the rental income should not be considered in setting support. A family law attorney can also tell you how to get the case finalized. If you are not happy with your current attorney, you can change attorneys at any time. But I would discuss this with your current attorney before making any changes and I would make sure you like the new attorney before making a change.
Answered on Sep 07th, 2012 at 5:34 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Get the temporary orders modified.
Answered on Sep 07th, 2012 at 5:20 PM
Leonard A. Kaanta
You seek to change the support order.
Answered on Sep 07th, 2012 at 5:15 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Support is modifiable. The amount Wife receives from rental income should be listed on her income and expense declaration and support modified to reflect that amount.
Answered on Sep 07th, 2012 at 5:13 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't clear where you are in the divorce process or what court orders are in effect. But, you should be able to obtain a modification of the current orders if things have changed. You need to talk to an attorney who can review all the relevant information and give you a valid assessment of your options and realistic expectations.
Answered on Sep 07th, 2012 at 5:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should take your issues to your attorney and receive a knowledgeable answer. If you are not satisfied with the explanation, seek a second option or new counsel.
Answered on Sep 07th, 2012 at 5:08 PM
In many situations such as this, it is helpful to submit the case to mediation. It can break the log jam.
Answered on Sep 07th, 2012 at 5:07 PM