QUESTION
Can he stop support and win based on the bad decisions he has made?
Asked on Oct 28th, 2013 on Child Custody - Oklahoma
More details to this question:
My ex husband became involved with another woman while we were married and left suddenly. I was left behind with two children and no job. I stopped working when our youngest was diagnosed with liver disease and required a transplant and lots and lots of follow-up medical care. I was in school with my husband left but my tuition waiver was because I was his spouse so I quit that program after he left. We settled all our divorce stuff out of court and I am to receive maintenance for 3 years and child support until the kids are 18. Three months after the divorce, he married the other woman and put her on his insurance - reducing his take-home by $478 per month. Now she is pregnant. He says he no longer can afford to pay maintenance and wants to take me back to court. We've only been divorced for 9 months and I am in school and taking care of the kids and keeping up my end of the bargain. My son has been hospitalized 3 times in the past month.
4 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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He can take your back to court, but prevailing on the facts as you state them is another matter.
Answered on Nov 01st, 2013 at 7:14 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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He has to pay maintenance and if he has failed to pay you can go in on a motion for contempt. Does the new wife work, if so that is part of the argument re his household expenses - she needs to be held responsible for some of these. I suggest you have a lawyer handle this.
Answered on Nov 01st, 2013 at 3:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can try but I doubt he will get very far. Besides, doesn't he have the children on his health insurance? Adding a spouse shouldn't normally raise the rates if he has the family added. I don't know, but I don't think the judge will be very sympathetic to him.
Answered on Oct 31st, 2013 at 8:31 AM
He owes every dime under the existing order untila judge says the amount can change, and that will be a new amount going forward. The judge may not agree to lower the amount. If he files for modification, either go back to your divorce counsel, or engage new counsel of your choice.
Answered on Oct 31st, 2013 at 6:42 AM