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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26319
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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In an attempt to make things easier for my (now ex) husband,

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In an attempt to make things easier for my (now ex) husband, I did not ask for alimony. The separation agreement states that he must pay the minimums on my credit card debt (at the time of the dissolution decree) and refinance the house which is in both our names. Since the divorce began he been spending and creating more debt. He has an initial deal from our mortgage company to refinance but is on the brink of changing jobs (lower pay but more hours). I believe he is putting the refinance in jeopardy. If this falls through I am wondering if I can go back to the courts and ask for alimony. I am currently unemployed (he was making enough and told me I could quit and care for the home and animals). I have nothing in the bank because I was neither devious or smart enough to secret money away once I knew the divorce was on. He is pressuring me to leave the house even though it is still in both our names. He found a girlfriend and during the course of the divorce spent quite a bit of money on here - against an injunction in the dissolution papers. I did not report this. After the divorce he moved all the money out of our joint account, including money my father had sent me to help with moving out. I got him to move it back over (phew). He tells me that the courts will laugh at me if I go to them with this information. At this point, if he has messed up his chance for refinance, I at least want some compensation. With my name attached to this mortgage my income to debt ration will be a mess. During the course of the marriage I suffered some injuries. I have not been evaluated to see if they qualify me for being disabled. I am 45 and fairly able bodied, no job (haven't worked since 2005) and no assets except for two older vehicles. Yes, I know, I should have gotten an attorney from the start but I wanted to be a "good guy". We do finish last, by the way. If he will be grossing around 74k a year can I expect a change in the maintenance if I petition the court? I can't fix my stupidity but maybe I can amend it...
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney.

You should take a look at your divorce decree and see if the order says that your spousal maintenance is "reserved". If so, you may be able to go back and ask for it now depending on the terms of the reservation. However, it is more likely that spousal maintenance was "waived" at the time of divorce. In that case, you would be out of luck. You cannot go back and seek support if you have previously agreed to waive your right to support.

Even if you can't seek alimony, you can file a motion for contempt against your ex for failing to refinance the mortgage loan in his name only. The judge can order him to get this done ASAP in order to get the debt out of your name. The judge can fine or even jail your ex until this is done.
Customer: replied 1 year ago.

I did not waive spousal support. We filled out the "other" section stating that he would pay my credit card debt. So far in this first part of the month after the divorce he is sticking to that...but we are still early in the game.There is nothing in the separation agreement showing "reserved". My ex is not failing to refinance other than putting it in jeopardy. The issue is not that he is not refinancing but that it may not go through. I do not want him jailed as this will hinder his ability to pay the bills. A fine might work but once again, I don't want his ability to pay the mortgage and my credit card bills hindered - therefore ruining my credit.

Expert:  Roger replied 1 year ago.
If you didn't get alimony and if you didn't specifically reserve the right to alimony, it has likely been waived. Divorcing without a reservation would operate as a waiver. Thus, chances are that a waiver has occurred.

You should still file the contempt motion. Jail time or a fine is not likely for an initial contempt citation. Usually, a warning to act is issued, but if he were to fail again, the court would issue a harsher penalty.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26319
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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