Hi, I'm new and nervous, so please forgive me if I ramble or omit pertinent info.
My divorce was final in mid-2007, terminating temporary alimony b/c I could no longer afford an atty to petition for permanent alimony. XH has lived in MI since Sept. 2005 (3 wks post-Katrina). I still live in LA w/ sole custody of our minor child and 50% interest in home and other community property. XH has been voluntarily sending spousal support in spite of no judgment. At XH's suggestion, we agreed *verbally* to handle community prop settlement w/o attys due to expense. XH is now hospitalized and, according to his stepson, is incapable of handling his own affairs. His stepson now has PoA and called me last night to inform me that he will no longer send spousal support eff. immediately, and he will only continue to pay the house note to protect his "dad's" credit. He spoke to, and apparently re-retained, XH's former atty. who said "he could have me evicted in 30 days."
I have sole custody of our minor child b/c of XH's addiction to Rx narcotics/opiates. Prior to separation, we started family therapy. My son and I have continued therapy b/c my son has behavioral issues, much of which were caused by him seeing his father OD/pass out (he once asked me, "Is he dead yet?!"). Social Services threatened to take my son away from BOTH of us if his dad didn't leave the residence or, alternatively, if I didn't remove my son from the "toxic environment." His dad moved in with a friend, Katrina hit, his dad moved to mother's house in MI, Hurricane Rita hit, and I haven't been able to work since. I have a letter from my doctor stating that I am currently unable to work due to depression & anxiety.
Free law clinics don't do community prop settlements. I can't afford a private atty. I don't care if I have to live in a cardboard box, but I cannot let XH's stepson evict my son from his home. His dad and I were trying to maintain school and neighborhood stability to prevent further emotional damage to our son. WE were acting in the best interest of our son, but XH is no longer in control. I'm devastated and at a loss. Any suggestions? Can XH's atty by instruction from the stepson/PoA evict us?