Legal Question in Civil Litigation in California
My ex husband and I filed for divorce and I (unemployed student raising a small child from my first marriage) agreed not to seek alimony from him (military contractor making over $100K a year) because he said he would continue to support me and my son while he was working in Kuwait, until I didn't need his help anymore. He also insisted that he pay off our vehicle, which I am in possession of, as well as all registration and insurance fees associated with it. Last June (2010) he informed me just days before my rent was due, that he was no longer going to pay for anything but the vehicle. I had to move in with family and apply for food stamps; my bank account was closed by the bank because I was overdrawn because of outstanding automatic-debit bills and no longer had any income. I pulled my son out of the private school my ex wanted to send him to. All of this I took in stride; I did not expect him to support us forever. However, he always insisted that he would pay for the vehicle (which is in both of our names). A couple of weeks ago, he emailed me and said he was not going to pay for the registration or the insurance on the vehicle. Several days after that, he emailed me again and said he was not going to pay for the truck after May 2011, and that if I couldn't pay for it, he would have it picked up and sold. Then he felt the need to threaten me, saying that if I agreed to make payments but had a late payment hit his credit, that he would "take action to make sure it doesn't happen again". I have emails from him stating that he would pay for the vehicle and sign it over to me. I also have family members who recall him saying it was my wedding gift. I do not have means to pay for the vehicle myself, and he knows this, and after letting him cut me off financially without protesting, moving in with family (who are already struggling), use food stamps, and generally struggling every day, I simply cannot allow him to take my only means of transportation for me and my son. I want to know if the emails I have are enough to show that he agreed and reiterated his intentions to pay for the vehicle fully, regardless of our divorce. I do not wish to seek alimony (I know it probably isn't possible anyway), I only want him to hold up his end of the agreement. I have not asked him for any other help since he cut me off last June. Thank you for your time. I am desperate, I apologize for the rambling nature of my message.
1 Answer from Attorneys
You have two children on your hands. One is in Kuwait; he thinks he can play house but not be responsible for any of the outcomes from doing so. While you do not say it, it sounds as though he is not paying any child support. The somewhat grown up child owes his child a much better life than he has been getting; why intentionally harm your child by no letting him have a more comfortable life. Both you and your ex owe the child a decent standard of living. You also can not provide that while you are not getting any alimony; he knew you were a student when you married. He knows he is a dead beat father. What posssible, over riding reasons do you have for not filing for child support and alimony? He keeps on stabbing you in the back because you do nothing to stand up to him.
Find a divorce attorney and see who you are comforable with, then warn the ex and file suit.