Remarried Ex-Husband Trying To Shirk Responsibilities

[mloera76]

My ex husband and I divorced amicably, and signed a waiver of alimony because he verbally agreed to support me until I no longer needed his help. And he did... for about 18 months. Then he stopped paying the rent and the bills which forced me back into the family home and onto food stamps to feed my son (not his son), but he still maintained that he would pay for the vehicle we jointly own. Including insurance and registration fees. Within the last few weeks he has announced that he remarried a few months ago and no longer wishes to be responsible for the vehicle and refuses to pay for the insurance, the registration, or the payments beyond May. I have all of the details, in his own words and unprompted by me, saved in the emails he sent me. Isn't his breach of the verbal agreement to provide for me (which was the impetus behind the agreement to waive alimony), grounds to nullify the waiver of alimony? If he takes this vehicle I will be left with nothing. I am a single parent and a full time student, which he knows, while he alone makes 6 figures a year as a civilian contractor overseas. I need to know what my options are, because I cannot let him get away scot-free with not paying for anything, just because he doesn't feel like it anymore. :no:

 

[Proserpina]

This assumes that your decree does NOT specify that the waiver is/was contingent upon X, Y or Z.

The fact of the matter is that yes, he can get away with not paying anything since he has never been court-ordered to pay anything. Hence the court cannot hold him in contempt, either. Any support paid to you afterwards may well be considered a gift, not an obligation.

Is it fair? Perhaps not.

But it is legal.

You may have to put your studies on hold and find work to support yourself.

Also, the time in which you could have appealed the decree has long since passed.

Sorry.

 

[army judge]

There never was a contract.
Google contracts for some more details on what a contract is.
What you call a contract was only a promise.

A promise can be broken.
A contract requires consideration.


Your promise lacked consideration for him.
He grew tired of carrying you, when he had no requirement to do so, absent his promise, and no consideration for him.


Time for you to support your son and yourself.
If your son has a father, sue him for child support.