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

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

Posted

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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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Posted

I can't get in contact with my attorney, I call and never returns my calls. I am reconsidering getting another lawyer but my final trial date is at the end of January...so I don't know how helpful this would be. Another thing, when this temporary spousal support was set, I did not have a job and I was collecting unemployment. Does this matter at all? A job I had 5 years ago is not the same as the job I work at now. What if I was making 100k then and now I work at Mcdonalds? That doesn't seem fair.

Posted

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 intended to create nor does it create a duty to answer additional questions. The response should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney Sams is licensed to practice law only in the State of Ohio. All responses are based solely on Ohio law unless stated otherwise.

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Posted

How long does it take to get this changed? My final trial is at the end of January...does it seem too late?

Craig M. Sams

Craig M. Sams

Posted

I would think the court would be hesitant to conduct a hearing if your final hearing is so close. Your best bet is to raise it during the final hearing.

Posted

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 attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

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Posted

I do have an attorney, although, he is not very active. I messed up on my part by hiring him and now it seems to late. He doesn't return calls or anything....which is why I have resorted to asking questions online...

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