My husband and I have been going through the divorce process for the past 5 month. He was paying me $1,182 every month per his BAH. I just recently found out his BAH is $1,819 a month. In the divorce papers, he stated he would give me the full BAH every month. Now, he refuses to answer any emails I send to him. Can I sue him for the back pay?
Child Custody Lawyer
It depends what divorce papers you are referring to. If you have a court order that says you get the entire BAH every month starting on a particular date and he has not complied with the court order, then you can file a petition for contempt of the order. If there is a marital settlement agreement stating that he is to pay the entire BAH and he has breached the agreement, you can file a petition to enforce the settlement agreement. If he simply made statements at a domestic relations conference but no hearing took place, then his statements are not enforceable, only the actual order. To give reliable advice, I would need to see the document that requires him to pay you the full BAH to see if the document is enforceable.
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Attorney Costopoulos' advice is sound. As she mentioned, depending on the verbiage in the documents that you signed with your former spouse, you may seek enforcement by the Court in the form of a petition to enforce the agreement or a petition for contempt. You may even be able to have your former spouse pay your attorney fees if your agreement provided for that in the event of a breach of the agreement.
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