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Joined: Sep 2005
Posts: 2,197
J
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Joined: Sep 2005
Posts: 2,197
In my situation, petition to D has been filed and a temp order of support agreed on and so ordered.

If I drop the divorce petition, does that nullify the support order? It looks like you can get a support order without having to file for D, so maybe the order stays in effect until it is dismissed separately??

I am in Tennessee. Thanks for any info.


Me-41 BS (FWS)
DH-41 WS (FBS)
2DD's- 10 and 12
Married 15 years
Separated for 2 years after my A
Reconciled for 1 year before his A
D-day for his A 8/23/05
WH moved out 9/16/05
Divorce final 1/23/07
Affair ended or month or so later
My Story
Joined: Jan 2006
Posts: 91
P
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P Offline
Joined: Jan 2006
Posts: 91
j36,

Not a lawyer, but...Did he counter file? If so, even if you were to drop your petition there would still be a pending D, so the temp orders would still be in effect.

I am in TN also...what county are you in, if you don't mind me asking?

Joined: Sep 2005
Posts: 2,197
J
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J Offline
Joined: Sep 2005
Posts: 2,197
He did not counter file. I am in Rutherford county. Lawyer said today that temp order of support would disappear if I dropped the D petition.


Me-41 BS (FWS)
DH-41 WS (FBS)
2DD's- 10 and 12
Married 15 years
Separated for 2 years after my A
Reconciled for 1 year before his A
D-day for his A 8/23/05
WH moved out 9/16/05
Divorce final 1/23/07
Affair ended or month or so later
My Story
Joined: Jan 2006
Posts: 91
P
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P Offline
Joined: Jan 2006
Posts: 91
Well...we are practically neighbors...I am in Putnam...and have a son at MTSU. I am in "the Boro" a couple of times a month visiting him.

Did your atty offer any alternatives like re-filing for a LS? Surely the courts would not allow a parent to fail to provide support, regardless is there is a legal D pending or not. I know that 4 months of no visitation or no financial support is grounds for terminating parental rights...of course that would do you no good as far as getting support payments. Wish I had some advice for you.

Joined: Sep 2005
Posts: 2,197
J
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J Offline
Joined: Sep 2005
Posts: 2,197
Howdy Neighbor! I kinda live part time in Putnam county. I am going up Tuesday to mow the yard!

I can refile for LS, but it has the same resrictions as far as selling stuff or moving assets, plus the lawyer would charge me as if it were a whole new case. <img src="/ubbt/images/graemlins/crazy.gif" alt="" />

So I am going to just sit tight for a little while. I will have a clearer picture after this week. I am anxious to see if WH will deal with his taxes-as it is his tax info that seems to be holding up the settlement negotiations.


Me-41 BS (FWS)
DH-41 WS (FBS)
2DD's- 10 and 12
Married 15 years
Separated for 2 years after my A
Reconciled for 1 year before his A
D-day for his A 8/23/05
WH moved out 9/16/05
Divorce final 1/23/07
Affair ended or month or so later
My Story
Joined: Jan 2006
Posts: 91
P
Member
Member
P Offline
Joined: Jan 2006
Posts: 91
Quote
Howdy Neighbor! I kinda live part time in Putnam county. I am going up Tuesday to mow the yard!



Feel free to stop by and mow mine whenever you are in town <img src="/ubbt/images/graemlins/wink.gif" alt="" />

Joined: Sep 2005
Posts: 2,197
J
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J Offline
Joined: Sep 2005
Posts: 2,197
I wrote this an submitted it to my attorney for her review. I am sure she thinks I am nuts, but... My objective is to be able to drop the D and still have WH bound to pay the bills. Anybody have an opinion on this? Does this agreement sound OK? Not likely that he would sign it, but maybe it will get some movement happening.



Quote
Whereas,
1. R and MS currently have a divorce pending.

2. R admits his adultery and his refusal to return to the marital relationship.

3. R has no “fault” grounds for divorcing M.

4. There is a temporary order of support in place that both parties agree to.

5. There are certain emotional and financial penalties that the pending divorce is causing M to experience.

6. R moved from the family home on or about 9-16-05 and has denied M any form of husbandly companionship.

7. R is unwilling or unable to assist M in obtaining a timely divorce.


Therefore,

1. M will be allowed to sell household items at her discretion, including, but not limited to furniture, clothing, hand tools, audio/visual/gaming equipment, etc.

2. R will sign the titles, allowing M to sell the Ford Van and the Mazda pick up truck, neither of which are operable at this time.

3. R will not benefit financially from the sale of the aforementioned items.

4. M will inform R before she donates any items to charity, giving him the opportunity to claim those items if he wishes.

5. M will not sell items that belonged to any member of R's family (ie Family pictures, Grandmother’s quilt, envelope of antique money, etc)


6. M will not sell the reference material pertaining to the Dry Cleaning equipment. M will pack these and R will remove them from the house.

7. R agrees that at the time of his moving from the home, there was no equity in the home. M may make any improvements to the home and R will not benefit from the increased equity these improvements should make.

8. M will continue to have R on her auto insurance and will continue to pay the premiums.

9. R will continue to pay M a total of $X a month, currently in the form of paying the mortgages, utilities and $X a month in cash.

10. R will continue to pay the $X a month regardless of if M decides to rent out the family home and she moves to a different location.

11. Child visitation will continue as R having every Saturday night and every other Friday night. Parents will continue to accommodate each others work schedules and parents will accommodate an occasional weekend with or without the children (ie plans for the weekend with the kids, or plans for the weekend without the kids).

12. Both parents have first right of refusal with regards to babysitting the children during the other parents parenting time.

13. Given the current circumstances, the parties will divorce only on the grounds of R’s adultery. R will not counter sue on any fault grounds as none existed at the time of the marital breakdown.

14. R will be solely responsible for any tax payments as M will file separately for the 2003-2006 time period. M will be responsible for her separate tax liability from 2003 on.

15. Both parties will provide a current credit report to the other, or sign so the parties can have this information.

16. R will provide M with a key to the Mazda Truck tool box.

Both parties will adhere to this agreement regardless of the existence of the current divorce filing. This agreement will remain in effect until a final divorce agreement is made or until reconciliation, at which time, the parties may agree on a new post nuptial agreement.

This agreement is made without duress and is made in the spirit of amicability while the parties use this period of separation to analyze their respective emotional, financial and familial positions.


Me-41 BS (FWS)
DH-41 WS (FBS)
2DD's- 10 and 12
Married 15 years
Separated for 2 years after my A
Reconciled for 1 year before his A
D-day for his A 8/23/05
WH moved out 9/16/05
Divorce final 1/23/07
Affair ended or month or so later
My Story

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