my future ex husband was ordered to pay alimony the beg. of every month. well this month July 09 is our last month and we would be separated for a year. He was ordered to pay $400 a month. well this month he sent $210 saying that he took the other half of the money i owed for a credit card which i payed last year because he wouldnt stop nagging about it and then he charged me to send the money moneygram than just mailing costing an extra $20 without my consent. I told him if he didnt send the rest of the money i wouldnt sign the divorce papers come the 19th and he will end up having to pay alimony for august because in the agreement he stops paying alimony if either me or him die or divorce is final. i contacted his lawyer to let them know what he was doing and give them a heads up. Am i doing the right thing and what should i do if he doesnt pay the rest this month? how should i handle this??
Well…#1, you can’t stop the divorce by not signing the papers. The court will divorce you. I hope you’ve entered a claim for equitable distribution of property/assets before the divorce is finalized. You lose that right once you’re divorced.
#2. Alimony is usually what is paid AFTER a divorce, not before. You get PSS before a divorce (kindof like alimony)
#3: Why would you agree to termination of alimony upon finalization of divorce? Were you the dependent spouse during the marriage?
I see your only option is to sue him for breach of contract for the money he owes you.
If you have a separation agreement regarding alimony you may file a breach of contract action to get your full payment for the month of July. You cannot prevent the divorce from going though as you do not have to consent to the divorce. Once you receive a copy of the complaint there is no way to delay the proceedings longer than the additional 30 days you may request to file a responsive pleading.
well in the agreement i had signed that i was not going to use a lawyer on my behalf not thinking this would happen. how would i do a breach of contract and alimony after the divorce? and no im not the dependent he is. he is also in the military if that makes a difference in anything.
the spousal support was the $400. there is nothing about alimony in the agreement. sorry for the confusion
OK…that makes better sense.
If you want the remainder of the spousal support, you’ll have to file a breach of contract.
and how do i do that?
You will file a lawsuit alleging breach of contract. I suggest that you do meet with an attorney to discuss your specific case and get an outline of how the process works.