What happens if I’m divorced and my ex will not live up to the divorce decree?

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What happens if I’m divorced and my ex will not live up to the divorce decree?

I’m divorced and the decree says that I must pay the house mortgage for another 2 month. Both of our names are on the mortgage and the divorce. I am also paying some of the bills along with child support. She instantly got remarried and the decree was based on lies of her living alone with our child. She says she can not refinance the house in just her name. Would it be legally wrong to stop child support come DEC and continue the house payment?

Asked on September 10, 2011 under Family Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should not legally stop anything but immediately seek an an ex parte judgment in court showing that the current divorce decree and support decree should be frozen and that you are owed money due to the fraud she has committed upon the court. Talk to a divorce attorney immediately about freezing all current orders and filing a motion to amend the court decree. The assumptions built into this divorce decree are based on her affordability or really lack thereof and also probably her remaining unmarried. If one or both of these assumptions are no longer valid, take her to court. But also consider not involving the children and what this motion could do to your child.


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