Legal Question in Family Law in Washington
Debt and Spousal Support
My divorce was finalized in Jan 08 after 20 yrs of marriage. I was awarded rehabilitative spousal support of $650.00 a month for 4 yrs. Our family home was sold and proceeds went to pay off debts and then divided between us. We had a credit card that I was an authorized user on and used to pay expenses til our home was sold. This debt was not included in the divorce settlement and I was going to be making the payments on this card. After divorce was finalized husband went back to his attorney and instead of allowing me to make the payments, him and his attorney decided that he would no longer have to pay me spousal support until this balance was paid off. I received a letter from his attorney stating the above and that if I chose to take it to court I would be responsible for the ex husbands attorney fees and whatever the judge would impose on me due to using this card after papers had been filed.
The only thing stated in our divorce decree regarding spousal support is that it will stop if I do not enroll in school or if I re-marry within the 4 years.
Can they choose to stop spousal support for this reason?
1 Answer from Attorneys
Re: Debt and Spousal Support
If I understand correctly, the credit card is your husband's account, but you are an authorized user on the account. You were authorized to make charges on the card until the divorce was finalized, and your husband was aware that you were using the card all throughout this time. The final papers do not deal with the credit card, but you planned on paying it off after the divorce was final. Why wasn't this put into the final papers?
I would have to see the papers from your divorce to know exactly what is going on, because from what you wrote, if I understand the situation properly, this makes no sense.
At the same time, I would say that from what you wrote, if your husband refuses to pay support, you may seek a contempt order against your husband, but this is very speculative on my part, because, again, I would need to see those final papers and speak with you to make such a determination.
If you would like to call me for a free consultation, you may do so, and we can see what I can do for you.