Legal Question in Family Law in Florida
Modification
Less than a month ago my divorce was final, in the agreement, I would give my spouse the house to refinance in his name and pay off his half of the debit that is in both names, I wouldn--name removed--ask for Child support or spousal support so he could pay his half of the bills and refinance, I took half the bills and I have since paid all but 1 of my share bills off. Now he has filled bankruptcy on the bills in both names and is not refinancing the house, can I go back and ask for both child support and spousal support along with me getting the house to move back into and live there until I can sell it. We was married for 23 years. And his income is more than double than my income.
2 Answers from Attorneys
Re: Modification
you have several remedies. You can always go back and ask that the order be followed.
Re: Modification
Without question I think you can get child support. I'm also fairly certain that you'll be able to get half the equity in the house and alimony. The question is, did he know he would be filing bankruptcy when you got your divorce and therefore settle with you in bad faith. It seems to me the answer is yes, based on how quickly he filed bankruptcy.