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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32320
Experience:  Began practicing Family Law in 1992
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Do you deal with Tennessee Divorce questions?

Customer Question

Do you deal with Tennessee Divorce questions?
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, what specific question do you have?

Customer: replied 5 months ago.
Hello Mr. Dwayne thank you for your time. The parties were divorced June 27, 2014. At that time the husband agreed to pay $1300 per month to wife till total reached of $78,000. This amount was for wife no children were included, they were grown. Husband was laid off the same day he signed divorce papers. He had a great job and found this to be no problem. His health took a nose dive at which time he filed for disability because he was unable to work anymore. He has stacks of medical records to prove this. He and wife came to a verbal agreement that he would pay her $10,000 out of the money he would get once his disability went thru from the back payment that would be coming to him. She agreed, so he thought. He is at the present time living in a Veteran facility and was homeless for a month before doing so. He was committed to a facility for a nervous breakdown. He has been unable to work since the divorce and has been unable to pay the alimony then to present. Is he still required to pay her the money in the present condition he is in and give her his disability funds? He will need all of his money to live and survive. She recently filed a petition with the courts to get money owed plus interest he has 30 days to respond. The petition states that he willfully failed and refused to pay despite the means to do so. Which is not true, how could he. She has a good job and can make her own way. Suggestions please!
Customer: replied 5 months ago.
Does she have the right to his disability at any time?
Expert:  JD 1992 replied 5 months ago.

He is actually obligated to pay her whatever it says in the divorce decree. What he should have done when he was laid off is immediately go back to court and ask the judge to change the order to reflect his new income level.

As to the disability, it sounds like he made an oral contract with him but he would have had to receive something in return so that is arguable.

What he needs to do is get a lawyer ASAP and let them look over all of the paperwork. Since he was having mental health issues at the time (as evidenced by his nervous breakdown) then that may be a valid defense not only to the "contract" but also to the petition she filed.

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