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  1. #11
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    The verbal agreement for spousal support has varied since separation
    .

    and your proof of a verbal agreement is??

    So when he goes to court and simply says; I had no real agreement other than I said I would help her. Well, I have no job so helping her is impossible at the moment."

    what will you respond with?

    you also must notice that your verbal agreement has varied. That means you have accepted changes since the agreement varied or it would not be an agreement.

    Since you apparently are accepting of changes of the agreement, you will have a hard time enforcing anything not ordered by the court already. As to the court imputing an income; you don;t have a court order now. Why would the court waste their time imputing an income for a non-existing order? (they won't).

    If you want the court to impute an income, you are going to have to ask the court to establish an order. Since they have not been involved prior to this point (for this), they are not going to get all excited about imputing an income since he didn't have one when you came to them.

    kick your attorney in the shin and tell him to get off his rear and take care of this properly so you do not have to play the game your ex is playing. Verbal agreements are difficult, at best, to enforce, impossible at worst and since it is a varying agreement, who is to say what determines the amount and length of time of payments?

  2. #12

    Default Re: Spouse Fired from Job and Wants to Discontinue Payments

    Thanks. He said he has a lead for the job and should know later this week. We'll see...

    Did you have a chance to look up the family code?

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