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In my original divorce decree I was awarded permanent

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Hi..In my original divorce...

Hi..In my original divorce decree I was awarded permanent spousal support by Judge Wickham. A few years later my husband filed to modify it. I had two children ar home then. I could not afford an attorney and I was partially disabled at the time. After two years of court appearances, I ended up with a judge who wanted both myself and my husband to have lawyers with us and show up in court for a trial. I had just lost everything in a house fire and was living in a hotel with my son. The day before the trial I asked my ex-husband if he would be willing to have an out of court settlement. We went to court and told the judge what we were going to do. My husband and I agreed on an amount, but never filed it in court. He paid that amount for awhile. My son died unexpectedly and he said he would not pay it anymore. I was left with no place to live . I am still trying to get him to pay me. I need help.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in AR family court?

No. I am living on SSI disability. My experience in court was pretty horrible. We never signed anything . It was an oral agreement. I was on the brink of a nervous beakdown at the time. My son's death hit me pretty hard. My ex-husband lives in the same town as my daughter. I had to move in with her. He paid her $500.00 a month to take me in. It was and still is stressful. I have been helping her out with my two granddaughters since he quit paying.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Yes, briefly. They said I should file a motion of contempt for non-payment. My last experience in court was so awful that I am afraid to go into debt for a lawyer unless I know I can win. They also suggested that I might want to reopen my original divorce agreement. At one point I lost my spousal support and had to file a reconsideration and got half of it back until the trial was supposed to happen.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I got my last payment from my husband in nov. 2013. I contact him several times every year about the agreement and he keeps telling me he can't afford it. He just purchased a home and his mother gave him quite a chunk of money when she sold her home. The agreement was never written down.But I do have an agreement he made with my aparatment complex to pay them a $1000.00 dollars for my rent back in 2010. And I have copies of the money orders he gave me.

Submitted: 2 months ago.Category: Family Law
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Customer reply replied 2 months ago
How much longer do I need to wait to talk to a lawyer? Woud it be possible to have a phone call? I need to help a neighbor.
Answered in 20 minutes by:
5/31/2018
Family Lawyer: Olivia Kent, Family Law Attorney replied 2 months ago
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,542
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.
What can I answer for you today? I've read what you wrote but I don't see a question listed.

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Customer reply replied 2 months ago
My question is how can i get some legal help so that he will honor his agreement he made with me? What should I do. He will not even return phone calls or texts.
Family Lawyer: Olivia Kent, Family Law Attorney replied 2 months ago

If you're looking for free/low cost legal services, you could contact the AR State Bar Association. If you're looking to pay for legal services, the best place I now to look would be Martindale Hubble (site rules prohibit us from referring specific attorneys). Their website information is: www.martindale.com
It's a very large nationwide database of attorneys that allows you to search by state and by specialty so you can interview attorneys and see if they would be interested in taking your case.

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Customer reply replied 2 months ago
I could not get it to accept my visa information. Would you just answer online. I want to know if our verbal contract is enforceable. Can I file a motion to legally collect it. Because of the intense physical and emotional stress I was under I signed a form to let my spousal support be over. At the time the one judge told me she was going to offer me $2400.00 a month. But it was as I was signing the form. My husband is a charmer and also very emotionally abusive. I feel like I got screwed. None of the lawyers I had help me with my original divorce degree ever told or added non-modifyable to my request for spousal support. I did not know about it myself at the time. It was what ended my permanent spousal support. If this is a lost cause I do not want to spennd $2,500.00 dollars to have lawyer tell me this in person. I just paid $500.00 to have a lawyer tell me he did not feel he had the ability to take my case. I have no money. This was supposed to be my retirement. I was married for 24 years.
Family Lawyer: Olivia Kent, Family Law Attorney replied 2 months ago

I'm sorry - I need to step away from my computer for the next 1-2 hours so I'll open up your question to the rest of our experts. But, essentially, if your verbal contract was for the payment of child support, if your child is deceased he would have no obligation to pay child support. And if it's spousal support then you'd (a) have to prove the existence of a verbal agreement and (b) establish why you failed to follow up for nearly five years or (c) attempt to establish that you're entitled to spousal support now.

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Customer reply replied 2 months ago
I just saw your message from yesterday. I was awarded permanent spousal support with the clause that remarriage would not end it. Child support was a non-issue. I only entered into a verbal agreement out of court because I did not have money for a lawyer. The judge wanted me to appear in court with a lawyer. My ex-husband agreed to the agreement so I dropped my reconsideration motion. He paid for three years afterward. My son died unexpectedly. My husband then told me he would not pay me becaue he was taking time off from work. I moved in with my daughter three months later. A month after my son died she had gotten married. It was a very stressful time. I was in shock. Then my daughter got pregnant so I helped out. My brother was very ill and I drove 60 miles every week back and forth to help my sister take care of him. My daughter asked me not to get her involved in the issue with my ex-husband so I feltd really backed into a corner. After helping my sister with my brother he finally died in April 2016. I have approached my husband many times about paying me. He just says he can't afford it. My daughter says now that she wishes she would have talked to her dad. So now she is willing to get involved. My sister is also willing to agree. I have money orders showing he paid me for three years. I was awarded SSI disability in Dec. 2009. Because I had my son living with me (my ex-husband's girlfriend did not want him living with them) I could only get $449.00 a month. I did not go back to court because of nfot having money for a lawyer. I also realized that when I had used lawyers in the past that because they were less expensive ones they made many mistakes on my case. Sorry, but I just had a sort of PSTD about ever going back into court. I am stronger now. I feel that I should never have had my court ordered spousal support taken away. How can a judge overturn another judge's original order?
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