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Joined: Jan 2006
Posts: 37
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OP
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Joined: Jan 2006
Posts: 37 |
Could somebody please advise. During my divorce, I requested alimony. However, my spouse told our attorney's that he was losing his job, so my attorney advised that I did not go after alimony and agree to what he offered - so I did. Turns out that he is not losing his job and lied to get out of paying alimony. We are now divorced and I agreed to not go after alimony in the divorce decree since he supposedly was losing his job. I want to pursue this since he lied. Can I do anything about it now since the divorce is final? Please help.
Please keep in mind that I would have NEVER gone after alimony had he not taken every single paycheck that I earned. I am not like that. Not to mention that I fought extremely hard to save our marriage but he did not want to because he found someone else. Any advise would be greatly appreciated <img src="/ubbt/images/graemlins/smile.gif" alt="" />
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Joined: Jul 2002
Posts: 1,277
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Joined: Jul 2002
Posts: 1,277 |
Lily The laws differ by state, and each divorce differs by the couple's circumstances. Not everyone who seeks alimony gets it, regardless! (Your situation and the laws in your state might not have awarded alimony even if you had asked for it then.) What does your divorce decree say? Does it say you will not seek alimony or any other financial future gain?
I'm sorry he took advantage of you. <img src="/ubbt/images/graemlins/frown.gif" alt="" /> It is rare for alimony to be granted post-divorce, and you should consult a lawyer if you want to pursue it. It sounds like you didn't have a lawyer handle your divorce - is that correct?
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Joined: Sep 2003
Posts: 5,736
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Joined: Sep 2003
Posts: 5,736 |
How do you know he lied? He could have been under the impression that he was losing his job.
Regardless, I don't see how that would be a factor. If he had an income track record, the court could impute income, or give you more assets, more equity in the home, etc.
Was that the only reason cited by your counsel for not seeking alimony, or where there others?
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Joined: Jun 2006
Posts: 25
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Joined: Jun 2006
Posts: 25 |
I think you were misled by your attorney.
You should have sought alimony and forced him to prove his income or lack of income and waited for him to lose his job.
You should find a good lawyer who will be able to get the alimony you deserve. Ask him to provide proof that he was losing his job. One usually doesn't know about terminations or layoffs in advance, so it's unlikely that he will have any. Then you can claim that he lied.
I was fired from my previous job because the divorce affected my job performance. However, I have several performance appraisals validating my job loss.
Good luck.
Regards, vegman
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Joined: Aug 2005
Posts: 380
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Joined: Aug 2005
Posts: 380 |
How long has the D been final?
I don't know if you are familar with my story over in GQII, but my WXH filed a motion to reconsider or for a new trial, 30 days after our D was final. There is a very slim chance that he will get it but he still did it. I guess that is something you might want to ask your attorney if you could do.
Me-BxW-(36)
Him-WxH-(36)
Married 9 days short of 12 years b/f D was final
5 kids-10 and younger (3 DD & 2 DS)
WH filed for D 11/05
D final 05/06
***Of course you would DIE for your kids, the question is will you LIVE for them***
***Time heals nothing but faith heals everything***
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