a legal question

lane912 · 06-08-2010, 08:15 AM

the short story....
wifes ex pays her monthly on a property that was split between them in the divorce. he was 90 days past due and not answering the phone so we called her lawyer and took him to court for contempt of the divorce decree.
the ex is a real POS and is using this payment as the only way he has left to mess with her.
in the suit we asked for legal fees to be included but the court denied it, is this normal?
in October there is a balloon payment due and the ex is trying to draw this out for
four years claiming finacal hardship. what options do we have as we dont want to deal with four more years of his POS attitude.

craigster59 · craigster59's Garage

Invite him out sailing.

Rot 911 · 06-08-2010, 09:24 AM

Payment of attorney's fees in domestic cases is entirely discretionary on the part of the judge.

RWebb · RWebb's Garage

you option is to get facts - that means hiring a PI to check up on him

or, you can subpoena all his financial records to see what he is spending $$ on

nostatic · nostatic's Garage

Quote:

Originally Posted by lane912

what options do we have as we dont want to deal with four more years of his POS attitude.

a) sell the property and split the proceeds

b) walk away from the property

From what I've seen in most divorce settlements, the "messing with" comes from both sides because neither one wants to "lose" or wants "what's right." If you really don't want to deal with it, then walk away. In my first divorce my ex wanted crap that wasn't really hers. I could have fought it. Instead I said, "fine." I haven't heard from her in 15 years. Worth the price of admission.

What's more important, the money or dealing with the aggravation?

lane912 · 06-08-2010, 05:05 PM

Quote:

Originally Posted by nostatic

a) sell the property and split the proceeds

b) walk away from the property

From what I've seen in most divorce settlements, the "messing with" comes from both sides because neither one wants to "lose" or wants "what's right." If you really don't want to deal with it, then walk away. In my first divorce my ex wanted crap that wasn't really hers. I could have fought it. Instead I said, "fine." I haven't heard from her in 15 years. Worth the price of admission.

What's more important, the money or dealing with the aggravation?

the property was split in the divorce and that is where the payments are coming from as he wont sell it, so he is buying her out on it
she doesn't want to walk away from $50,000
he has several pieces of property that he owns free and clear, so he could get the lump sum without much problem.

sc_rufctr · 06-08-2010, 05:33 PM

Quote:

Originally Posted by lane912

the property was split in the divorce and that is where the payments are coming from as he wont sell it, so he is buying her out on it
she doesn't want to walk away from $50,000
he has several pieces of property that he owns free and clear, so he could get the lump sum without much problem.

I agree with Nostatic. I can understand the desire to not walk away from $50,000 but this tie needs to be cut... NOW.
Having monetary issues like this with an ex is emotionally draining and simply not worth it.

(I've been through a difficult divorce)

sc_rufctr · 06-08-2010, 06:04 PM

Quote:

Originally Posted by lane912

Lanes wife here...

Then you need to get a good lawyer and take him to court and get it resolved.
I know lawyers are expensive but what option do you have?

I wouldn't bother trying to negotiate with your ex directly. That's probably what he wants.
Try not to let it affect your relationship with your husband. Again that's probably what your ex wants too.

red-beard · red-beard's Garage

Quote:

Originally Posted by lane912

in the suit we asked for legal fees to be included but the court denied it, is this normal?

Yes. Unless there is some serious financial hardship. Ask me how I know...

My ex-wife remarried, and didn't bother to tell me, and kept accepting the alimony payments. I had to take her to court to get the payments stopped. And the court wouldn't even make her pay back the 5 months of alimony while married.

Dueller · 06-08-2010, 06:13 PM

Don't know what was done in your decree, but whenever there are prospective payments I include a STANDING ORDER THAT ONCE DELINQUENT 30 DAYS a writ of garnishment can be served.

Keeps 'em current for the most part.

lane912 · 06-08-2010, 06:16 PM

Quote:

Originally Posted by Dueller

Don't know what was done in your decree, but whenever there are prospective payments I include a STANDING ORDER THAT ONCE DELINQUENT 30 DAYS a writ of garnishment can be served.

Keeps 'em current for the most part.

i wish that could be added...