It was agreed in Jan that my stbx is to pay me 50% of his weekly earnings plus $150 in child support. He filed in late may to have it modified. I filed in April contempt cause he was only paying the 50% and not the $150. Since then we went to court three times. First time was continued and since it was over the summer he was to have summer visitation and pay only $100 a week and the maintenance was suspended till next hearing, second was determining temporary custody which was granted to me. The judge ordered that the orginal order stands as is, which means that he is to start paying as per the agreement in Jan. We had a third hearing about my contempt on him and other issues, we did not get it resolved in the time allowed and was continued till oct. My stbx will not pay more than the $100, he says that hearing has not been determined and dont need to pay me more. Am I allowed to ask for an emergency hearing due to the fact that he has not paid me anything as ordered, and I am responsible for all the utilities and the bills. I cannot make the payments to utilities and take care of our daughter and find reasonable transportation and a job. PLease give me some advice as to be able to direct this urgency to my lawyer. I am told to be patient and wait. I have tried to survive on the little money for 2 months. Things are getting backed up.
We were married for 16 years, our daughter is 14. I have a son that he had raised since he was 5 years old that is now 21 and he is high functioning autistic. I have had jobs while married but they were to get me out of the house more than having the need for income. I have been trying to get a job, I do not have any reliable transportation. He has left me with all the bills and he let the truck that I had to go back to the bank.
Do you think he has the ability to support himself and you in two different homes?
Spousal support is based on one persons need, you ave a need and the other persons abiilty to supply for that need, can he? The length of spousal support will be based on the length of the marriage an how long it is anticiapted that it will take you to get on your feet, or forever if it was a really long marriage.
Yes, he was able to support two households. Considering he left me with everything to pay, and he lives with parents and dont have to pay anything. Since seperation he has bought a cycle and have done a lot of work on it and have put a lot of money into it, has got a new laptop, new clothes, gone on vacations. While I am without a car, cause he let it go back to the bank (the one bill he was to pay)a job, and struggling to pay utilities. I do not have a mortgage payment cause the house went to foreclosure, my sister is in the process of buying the house so me and the kids can stay in it. We were married for 15 years and been seperated for over a year. He was the soul provider throught out most of the marriage, and left and took all the money.
Anyhow, we had an agreement and signed by the judge. My orginal question was, since we had went to court and in the middle of the hearing of the contempt that I had filed on him in April, the judge has ordered for him to pay as to the agreement. He is still paying $100 from the hearing that was continued and an agreement that he would only pay $100 while he has our daughter for the summer. What kind of actions can I take to let the courts know that he is not paying as he is told to by the judge?