Epstein Credits

[PhoenixRsng]

What is the name of your state (only U.S. law)? Georgia

My divorce is ongoing in California but I reside in Georgia. I've been separated since March 2008. The divorce was filed in California March 2010. Temporary child and spousal support was not ordered until 1/2011 & 3/2011 respectively. From 03/2008 to 11/2010, my STBX was paying some support directly to me and was also paying some community debt in lieu of support. As such, support flunctuated from month to month based on community debt obligations that he paid. Now, he is seeking epstein credits for all comunity debt he paid from time of separation, even though my share of the payments were in lieu of support. In 2010, he made 160,000 and I made $35,000. He paid a total of $15,500 directly to me in support that year. Since there was no written agreement, how can I successfully argue my case. Should I request retroactive support to date of filing and he can get his credit from that? I need help on how best to handle this in court.

Any advice you can give is greatly appreciated.

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

My divorce is ongoing in California but I reside in Georgia. I've been separated since March 2008. The divorce was filed in California March 2010. Temporary child and spousal support was not ordered until 1/2011 & 3/2011 respectively. From 03/2008 to 11/2010, my STBX was paying some support directly to me and was also paying some community debt in lieu of support. As such, support flunctuated from month to month based on community debt obligations that he paid. Now, he is seeking epstein credits for all comunity debt he paid from time of separation, even though my share of the payments were in lieu of support. In 2010, he made 160,000 and I made $35,000. He paid a total of $15,500 directly to me in support that year. Since there was no written agreement, how can I successfully argue my case. Should I request retroactive support to date of filing and he can get his credit from that? I need help on how best to handle this in court.

Any advice you can give is greatly appreciated.

I really think that you need an attorney. Your situation is complicated and I don't think that you are going to be able to handle it properly without one.

 

[PhoenixRsng]

Thanks for your response. I cannot afford an attorney. He knows this and that's why he is prolonging the divorce. Also, although temporary support was awarded, he has not been paying. I just applied for assistance with enforcement with DCSS. They said it willl likely take three to six months before I start receiving support.

Is there any suggestions/advice, if I absolutely have to handle this on my own?

 

[mistoffolees]

Thanks for your response. I cannot afford an attorney. He knows this and that's why he is prolonging the divorce. Also, although temporary support was awarded, he has not been paying. I just applied for assistance with enforcement with DCSS. They said it willl likely take three to six months before I start receiving support.

Is there any suggestions/advice, if I absolutely have to handle this on my own?

I'm not going to be much help with your specific question, but contempt is one of the easier things to win without an attorney. Bring a copy of your temporary support order (the court should have it, but bring a copy, anyway) and a record of ANY payments that he has made. You should be able to win at least that portion of the argument.

I'm sorry, but I can't help you with the Epstein credit issue you're asking about.

I would strongly suggest that you at least talk with an attorney. Many attorneys will give you a low-cost or free consultation. You can learn your rights and possibly some of the relevant law. In addition, the attorney will be able to give you an idea of how your judge is likely to respond. The attorney may also consider a payment plan if you do retain his services.