Temporary spousal support is being drawn out from my check, can I stop this?

Asked almost 2 years ago - Toledo, OH

According to my income and my current bills, I cannot afford the amount that is being taken out. My ex-wife's lawyer presented the court with my tax returns from 2007! This was also at a time when I was claiming 7 individuals on my taxes (children then, who are now older). The circumstances are obviously different. She lied about all of her bills and made up numbers and had no proof of these bills. How can I stop them from taking this money out of my check, or how can I lower this temporary spousal support until my divorce is final?

Attorney answers (3)

  1. Peter Stephen Kirner

    Contributor Level 16

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    Answered . It seems that you have an attorney and you should be talking to him about this. In general once a temporary order is set, it is going to come out of your pay, like it or not. A temporary order can be objected to, and a full hearing may be held where evidence is taken, and proof presented. In general I am not convinced that the court looks at anything other then just income to set a support order. If circumstances change, one could file a motion to modify temporary support. It is not certain that hearing would be held quickly. You may want to resolve your divorce which would resolve all issues, including support. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  2. Craig M. Sams

    Contributor Level 7

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    Answered . I agree. You can file a Rule 75 motion for a hearing on the temporary order. Depending on the court/judge, some don't like to mess with this because it will all wash out in the final orders.

    Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not... more
  3. Brian Scott Piper

    Contributor Level 15

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    Answered . Attorney Kirner seems to believe that you were represented at the temporary orders hearing. If he is correct, I agree 100% with his answer. However, I didn't see that you inticated that that you had an attorney - only that she did. If you were not represented, that is where the problem is. If that is the case, then you need to invest in an attorney to straighten out the facts. An attorney will be able to challenge her claims of expenses and demonstrate to the Court your current economic position. otherwise, you are stuck with a bad order and it may become permanent.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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