wasn't notified of proceedings

[gothgirl13131]

What is the name of your state? Colorado

hello,
i am a bit in a bind right now. my ex husband was ordered as of our settlement agreement to pay me $700.00 a month in temporary maintence till March 2009. He recently filled papers with the court to have those payments stopped due to my remmarage. However, in the settlement agreement, it doesn't state that he can terminate those payments for this reason. The reason for him making the payments in the first place was to help pay off the debt that he helped create during the marrage. I was using this money for the sole purpose of paying this debt.

Now it gets even trikier when i was never notified of any of this. not by him or the courts. i was never served with papers or given a chance to contest this petition. The only way i found out was when i didn't recieve the money on the first and went down and looked at my case file and found these documents signed by a judge approving the stop of this maintence. When I looked closer at these documents, there is no one listed as the respondant. my name is no where to be found on any of these documents.

As a rusult of his non payment, i am now behind on making the payments on the debts and will have to file bankruptcy. if anyone can help please contact me via e-mail @ [email]gothgirl13131@yahoo.com[/email].

thank you.

[bulldogg70]

Well, when you looked at the papers did you see a cert of notification, or proof of delivery to the other party. If you did not see that I would ask for an emergency petition to enforce the orginal or nunc pro tunc of the order that was signed without you there, it was in error

[Tayla]

Contact your divorce attorney. Chances are since it was *TEMPORARY* alimony and you have since remarried the courts may have ruled in his favor since you are now provided for under your new marital status. Each case is unique and carries its own scrulpulous ruling.

[Rhubarb297]

Originally Posted by Tayla

Contact your divorce attorney. Chances are since it was *TEMPORARY* alimony and you have since remarried the courts may have ruled in his favor since you are now provided for under your new marital status. Each case is unique and carries its own scrulpulous ruling.

And it may be automatic under that state's laws - you remarry, and the temporary support ends. Maybe that's also what the divorce decree said. If that's the case, maybe all the exhusband had to do was file a notice that you've been remarried with proof. Not a hard thing to do since marriages are public records.

[gothgirl13131]

well, thank you for your responses. I did read my settlement agreement and it doesn't state anywhere that in the event of my remarrage that he can stop the maintence. the maintence was for the payment of marrital debt which he helped create and thus i feel he should help pay off. i am not going to pay it off by myself. As far as proof of remarrage, he doesn't have that. he doesn't even know which state i got married in. Plus he doesn't live in the same state as i do. As far as cert that the papers were delivered to me, there was nothing of that. my name was no where in the filling paperwork or anything. and i know he knows my address and such. I did contact my lawyer and am filling a notice to vacate this order. my attorny assured me that this will reverse the order and my ex will have to refile properly before this order can be reversed again.

[bulldogg70]

I woudl have read through it for you, however it is 32 pages, so I suggest that you read through it and tell us what you find. below I provided the statute it would be under and the link so you can read it. Have fun, it is a long statute.



[url]http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0[/url]

14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien.