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New Details of Jodie Sweetin Split Revealed

12/05/2008 at 08:30 PM EST

New Details of Jodie Sweetin Split Revealed
Jodie Sweetin and Cody Herpin
Faye Sadou/AdMedia
New court papers shed light on the deteriorating marriage of former Full House actress Jodie Sweetin to husband Cody Herpin.

"Our house is in foreclosure, our water has been shut off twice. Currently, all of our other utilities are overdue," the actress says in papers filed Nov. 19 in an Orange County, Calif., court, describing the 16-month union as "rocky."

Herpin, a driver and transportation coordinator in the film industry, stopped working after they got married, Sweetin alleges. "[He] kept finding one excuse after another for his failure to even attempt to find employment," she says.

Sweetin, 26, claims the couple were kept afloat financially with Full House residuals and help from their parents.

The actress filed for legal separation from Herpin, 31, last month. The latest documents are a request for a court order allowing her to retrieve her belongings, as well as clothing and toys for their 7-month-old daughter, Zoie, in the event Herpin "prevents [her] from peacefully taking these items." Sweetin claims she worries Herpin "will become very emotional and possibly erratic."

"She Won't Talk to Me"

Reached for comment, Herpin tells PEOPLE that Sweetin has returned home four times since the above filing, but "she won't talk to me," he says, and his emails to her have gone unanswered. "I still have no idea what this is about. None of this makes sense."

As for his lack of employment, "I was the stay-at-home dad, my job was taking care of Zoie," due to Sweetin's busy schedule, Herpin says. He is seeking sole legal and physical custody of the couple's daughter and spousal support from Sweetin.

"My client has cooperated with Ms. Sweetin in the several times she's returned to the family residence," says Herpin's lawyer, Robert Benavente. "As for her other claims, some of which are false, we will address those in court documents."

Angry Incident

In her filing, Sweetin describes a heated moment Nov. 17 when she says she told Herpin she no longer wanted to be married to him and that she was moving in with her parents.

"He told me I could not take Zoie with me. He said he would call the police and report that she was abducted by me and seek sole custody. He grabbed Zoie from the floor where she was playing ... but put Zoie down and later went for a walk." Sweetin says she then took their daughter and their dog and went to her parents' home.

Herpin called her claims "ridiculous."

The actress has filed for joint legal and physical custody: "I would never deprive [Herpin] of seeing our daughter ... However, I believe he is going to try to prevent me from seeing [her]," she says in the recent court papers.

A hearing in the case, which includes a mediation session, has been scheduled for Feb. 9.

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