maintenance/spousal support

[stupidme]

I've been separated almost 6 months and paying $1000 per month maintenance which is due on the 14th of the month. My attorney filed a motion for temporary relief and we were supposed to go to court on Dec 12 but it has been postponed until Dec 22. He said he entered into a verbal agreement with her attorney that I wouldn't have to pay my Dec maintenance until we went to the hearing. But in actuality the maintenance is due the 14th and my wife has been calling me at work harrassing me about it. Also, will the judge look at this unfavorably? Because I don't have the money now. I did send $300 because that is all I had. Am I in contempt of court and do I face the possibility of being picked up by the police and doing jail time? I am a single parent so if I go to jail I will have to find a family member who can watch my child. Please help/advise. Thanks.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Get your attorney to write out the waiver of the December bill. Say you just want it in writing for your records. No you won't go to jail. If you don't trust your attorney, may I suggest you hire another one? You have this right.

 

[stupidme]

maintenance

You were right, I should have had a waiver in writing because I got a call from my attorney yesterday and he said he spoke to her attorney and he said that he did not say we could waive the maintenance until the court hearing. So I guess now I really am in contempt and I don't know what will happen. I'm going to try to get some money somewhere to pay her but don't think I can get the $700 I owe before the court hearing on Dec 22. Will the judge punish me further for this and possibly garnish my wages?

 

[stupidme]

maintenance

My attorney bill is already $3200 and he was willing to wait until the divorce was over for me to borrow his fees from my 401k so I wouldn't have to get my wife to sign the loan application. But since I am behind and can't afford to pay the $1000/mo maintenance, does anyone know if I could borrow the money for my attorney fees and probably an extra few thousand to help me make these maintenance payments until this matter is final? My attorney doesn't think I'll have to pay maintenance for more than about 6 months. The divorce should hopefully be final within a couple more months.