Spousal Support

[spang708]

What is the name of your state? TX

My fiance's then wife accused him of trying to choke her. Long story, but he did not and a year and 10 grand later the judge threw out the case and admonished the police in court for even listening to her in the first place and letting the whole thing get that far.
Meanwhile, right after the accusation they divorced {he did not have a lawyer} and because she accused him of abuse she was granted spousal support.
After the case was dismissed he tried to get the spousal support recinded. He was told he had to file papers, which he did, she responed saying she would settled for a lump sum, he said no and she did not respond within the alloted time and his lawyer told him it was all over.
Six months later he is called to court and told that he should have filed the dispute 30 days after the original divorce and since he didnt' he has to pay the support. Had he lost the case he would have had to pay, if the charges were dropped it was a baseless request in the first place.
How can you file to dispute a case that has not gone to court?
Is there anything we can do?What is the name of your state?

[LdiJ]

Originally Posted by spang708

What is the name of your state? TX

My fiance's then wife accused him of trying to choke her. Long story, but he did not and a year and 10 grand later the judge threw out the case and admonished the police in court for even listening to her in the first place and letting the whole thing get that far.
Meanwhile, right after the accusation they divorced {he did not have a lawyer} and because she accused him of abuse she was granted spousal support.
After the case was dismissed he tried to get the spousal support recinded. He was told he had to file papers, which he did, she responed saying she would settled for a lump sum, he said no and she did not respond within the alloted time and his lawyer told him it was all over.
Six months later he is called to court and told that he should have filed the dispute 30 days after the original divorce and since he didnt' he has to pay the support. Had he lost the case he would have had to pay, if the charges were dropped it was a baseless request in the first place.
How can you file to dispute a case that has not gone to court?
Is there anything we can do?What is the name of your state?

He should consult a different attorney, with all of his paperwork in hand. We would have to see the paperwork to give him any kind of real answer.

[Ohiogal]

Spousal support is NOT granted due to abuse. So how was it tied together in the papers? The judge is correct when he said he had a limited amount of time to dispute however. LD is correct in that someone has to review the papers because what you are saying makes no sense. And who are you in this mess anyway?