Contesting divorce based on alimony?


#1

I had an attorney that breaks up services draw up my separation agreement that my ex and I have been following since 2006 and include it into a divorce decree. He was served the beginning of April but let a minor child sign for it…which caused me to have to sign an affadavit as to the nature of their relationship. I did…and now my stbx said that he is contesting the divorce because he doesn’t want to pay the alimony we agreed upon. He stopped paying in December of last year, and when we did the agreement I was a stay at home mom for 5 years…we have been married since 1993 (but not living together since 2006) and we agreed on 4 years of alimony. He still, under the terms of the agreement, owes me another 18 months of alimony.

My question, can he contest the divorce based on this? He’s also “said” we have a court date August 17, but I have been served no papers. I’m assuming that’s a lie.

And, if he’s disputing the alimony portion; can we then “redo” the agreement? For example, can I ask for a QDRO? Can I ask if he’s contesting part can I do the same?

I have no money; so I’ll have to find an attorney that will let me make payments on a retainer or represent myself.

I just need to know what to expect if he fights me on that portion…


#2

He can’t contest the divorce. He can only deny any allegations written into the claim IF they are false. If he signed an agreement for alimony (signed and notarized), he is bound by that agreeement. If he does NOT follow that signed agreement, you may file breach of contract OR file a contempt charge if it is a court ordered item.


#3

Your spouse cannot contest the divorce, the divorce will take place whether he consents to it or not. If he wishes to change alimony he will have to wait until the divorce is final and make a motion to modify alimony( if the separation agreement is incorporated into the divorce judgment) and will have to prove that a substantial change in circumstances has occurred. Alimony will not be changed by a judge simply because he no longer agrees to the terms. In the mean time you may file a breach of contract action for the amounts he has not paid since December. If he loses the breach action he will have to reimburse you for attorney’s fees.