If my husband agreed to pay for something in the temp orders in the divorce two months ago, can he claim he can’t afford it now? All the sudden, since I don’t have a lawyer, my husband’s lawyer (also our appraisal came in WAY lower than he wanted it to) is saying he can’t afford my house and will need to sell it asap.
As he can no longer afford it….. I have not been notified of a change in his address, and I am pretty sure he still has the same living expenses he did two months ago when we agreed on the order. Can he claim that he can’t afford the house with out a change in his financial situation? Could he make me move out and sell it even if he did have an optional change in his situation? Like he got a new car or not that he wants me to go through his attorney for everything? What if he up and lost his job? I dont think this is the case. I have the kids, and am getting no temp support outside mortgage.
The temporary order continues until the court orders a change. He can ask for a change for a variety of reasons, but typically the court would require a showing of a change in circumstances before changing the order. Generally, the court will not consider a change that he causes, such as quitting his job. If he is not following the written order, you have an action for contempt.
If he works for another company, you should open a case with Office of Recovery Services. They can generally garnish up to 50% of his disposable wages. He cannot make you move out of the home if you are awarded possession by the court. However, you will need to find a way to collect what is owed to you so that you can afford to stay in the house. If this is brought back to the court make sure that your order provides for the items listed in the link “Custody Order” below.