My husband abandoned me on April 1 this year, left me with no money, I am a dependent spouse. I filed for a legal separation and he was served April 26. For two months I lived off of credit cards as I had no cash. On June 8 we had a 10 hour mediation and came to a agreement. Since that time he has been in contempt of court with untimely payments deposited in to my account. Which has created a hardship on me. He also gets the house but I have the right to live here till next August. In October he gets to deduct $2000 from my PSS for the mortgage. He has decided to let the home go into foreclosure and has not paid the mortgage for 3 months. He cancelled the house insurance and wind and hail. Our mediated agreement has left so many things out as to who was responsible for landscaping, home maintenance etc. The amount of money I am getting because of his not on time payments is not helping me with the debt I incurred the 2 months he abandoned me with no money. This agreement has been proven to be non-workable, can I petition the court for a new agreement?
If your agreement is in a separation agreement, you can file a court action against your husband (and start over on a new agreement) for equitable distribution and alimony if your right to file these actions is not waived in the separation agreement. Otherwise, you would have to file a breach of contract lawsuit to enforce the separation agreement and you would be unable to reach a new agreement unless the separation agreement is modifiable and your husband agrees.
If your agreement is in a court order, you would need to file a contempt motion (called an order to appear and show cause) in order to enforce the terms. To change the alimony terms, you would have to file a motion to modify the alimony order if you can prove a substantial change in circumstances since the entry of the current order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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