My fiance’ and his ex-wife signed the seperation agreement and used the same agreement for the divorce. However, the alimony and child support was never filed with the courts but stated in the agreement. I guess a gentlemans agreement.
In good faith my fiance’ has paid his ex-wife to the best of his ability which was for a long time over 100% of his income. That’s right, he had to borrow from family, friends and live in poverty to maintain the agreement to keep from supposedly going to jail. Clearly, when the agreement was set up, the lawyer and his ex-wife took him for granted and based everything in the agreement on projected income (i.e. commissions that were never earned). Since then, he had not been able to obtain a job that makes even close to what they based the agreement on.
Clearly, there need to be modifications made. However, since it was never registered with the court, what does this mean? I know the Divorce is real. That was filed with the court but the alimony and child support were never court ordered.
Where do we go from here? His ex-wife wants to have it filed now. I’m scared she will file it, without us doing modifications.