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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex-husband and I have an agreement that he would help support

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My ex-husband and I have an agreement that he would help support me 50% of my monthly expenses and I would not ask for spousal support or child support, he never assisted me the first 9 months of our separation and divorce proceedings. It also states that I would be able to stay in our family because of our twin sons that are in high school and I would be able to remain in the home until 2013 or until the real estate market came back and I would be able to buy him out or we would sell and split the proceeds from the sale of the property. In December he sent me a notice of violation of divorce decree and demanded I pay him $16k within 3 days or I must vacate the premisis or he would have me removed at my expense. He has paid the mortgage since March of 2010 and had to pay the property taxes for that year as well because I have been unemployed since March 2009. Because I am tired of him harrassing me every month and yelling at me to pay or get out I am willing to move, but with no income from unemployment and still unable to find work it is difficult.
He has signed a lease agreement with tenants that are moving in starting April 1, 2010 they have given him money directly to lease our family home, and currently I have no home to move to.

Do I have any rights.
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Was this agreement in writing?
Customer: replied 6 years ago.
Yes, this is written in our divorce agreement.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your patience.

Exactly what is he claiming you violated in the decree? And, is he correct?
Customer: replied 6 years ago.
He is claiming that I owe him the mortgage payment and the property taxes, and in the agreement it is stated that he would help support me 50% for 1 year or until I am able to maintain 100% on my own, he pays me no child support or spousal support and we were married 20 years and I was on food stamps February 2010-December 31, 2010. I went from making $7800 a month to $1800. I maintained from May 2009-February 2010. Is he correct I would say no, because he agreed to assist me until I am 100% on my own and I am still unemployed.
Expert:  Dimitry K., Esq. replied 6 years ago.
Oh I see, so you made no payments toward the mortgage at all?
Customer: replied 6 years ago.
I made mortgage payments all of 2009 he left the family home to move in with his girlfriend in May 2009 where he paid no rent or mortgage becasue she was in default and in April 2009 he made offer to purchase her home on a short sale which he did not disclose to me at all. I also paid paid the property taxes in December 2009 and at that time I told him that I would not be able to pay in April because I wouldn't have the money to do so. I also have discroved that he has several bank accounts that were not disclosed in our divorce paperwork.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

From your answer it appears that you did not make the payments. As such your soon to be ex is completely within his right to file against you for contempt since even under the conditions of the decree, you were supposed to be making at least 50% payments toward the mortgage. However you DO NOT have to move--he must first take you to family court, prove that you are in violation, and then pursue a formal eviction through a separate petition. He also cannot somehow block the access, change the locks, cancel utilities, or remove your items from the premises. Until actually removed, you do not have to go anywhere from the property.

Good luck.
Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
50% is what he was to help support me monthly and $1325 would be about 50% and again he does not pay me any child support, and it does state that I may stay in the family home until 2013 when our sons graduate high school and until we both agree when to sell or I may buy him out. So you are basically telling me I have no rights what so ever so I just need to roll over and let me take everything from me.
Expert:  Dimitry K., Esq. replied 6 years ago.
Actually that is not at all what I stated. I stated that if you did not make payments, he can claim that you violated the order (something that you can do as well if he failed to make the payments that he promised to make in your direction). Plus, not filing for child support as an agreement is not enforceable, especially if he has not paid anything towards the benefits of the children.

At the same time if you did not make the payments, he can attempt to retake the property and remove you for violating the terms. He, however, cannot remove you unless he proves you are in violation, retakes the property, and then files for an actual eviction.

Good luck.