Alimony Judgement

[Gypsyheartz]

What is the name of your state? NCundefined

I divorced in May 2002. I live in NC and my ex lives in FL. At that time my ex husband and I negotiated an alimony agreement that was in the form of a contract. It stated many things including a stipulation that if he were to recieve a judgement lowering his child support that my alimony would increase dollar for dollar.

In December 2004 he took me to court to lower his child support. The judge denied it. In March of 2005 he took me back to court again to lower his support. This time he presented a letter stating that his employer had fired him from his 350+g job a year and that he was taking another job making 120g a year. His support was lowered considerably.

At that point the stipulation in the alimony agreement should have kicked in. Instead he paid me $1000 a month and that was it. I paid my attorney a total of 50g for all of his services, he promised to file an appeal and "to hunt him down regardless of what state he moved to". After six months and no return calls my attorney quit. My savings were depleted and the stress started affecting my health.

It took almost eight months to find an attorney who would take my case on a contingency basis. During that time my ex returned to his previous employer, refuses to turn over the financial documentation showing his total compensation package ... as required in the agreement. He has cut off all contact with the children, remarried, sold his house and is living in an oceanfront rental. The children and I have lost our home, car, most of our belongings. They are now on free lunch at school. We are renting a two bedroom house and I am sleeping on the couch so that both children have bedrooms. I have had to declare bankruptcy and my ex stopped paying my medical insurance. I am currently undergoing testing for breast cancer as well.

I filed for breach of contract and specific performance and was heard in July. My Ex did not show up. The judge ruled that I have a valid contract and that my ex owes me upwards of 100g in arrearages. He did not rule on the specific performance. My new attorney felt that the judge made an error and sent case law showing precedent in these cases. At this point my ex stopped paying even the $1000. The judge scheduled a hearing in September to review the case laws. Neither my ex nor his attorney showed up. So the judge rescheduled it for October. We had the hearing this morning. My ex did not show up again but his attorney did.

The judge had the balliff call both attorney's to the judge's chambers. After fifteen minutes my attorney emerged and asked to speak to me outside. He told me that the judge gave me the judgement for the arrearages but refused to rule on the specific performance. Basically he gave me a judgement but no backbone to collect.

I am very upset because I requested that my attorney subpeano my ex's financial records to show that he was capable of making the payments. He never did. So the judge based his decision on the word of my Ex's attorney and nothing in writing. I did not get to speak to the judge or be a party to the conversation that was held "backdoors". My attorney told me the news and walked away. When I called his office to speak to him he didn't answer.

These are my questions:
1. Am I entitled to speak to the judge and be a party to the talk?
2. Can I appeal this decision?
3. How do I collect this judgement when he has supposedly placed all assetts in his new wife's name?
4. Can I garnish his wages?

I'm just at wits end. Any advice you can offer is appreciated.
Thank you

[BelizeBreeze]

Originally Posted by Gypsyheartz

These are my questions:
1. Am I entitled to speak to the judge and be a party to the talk?

No

2. Can I appeal this decision?

Sure, if you want to be stupid. You have a judgement already.

3. How do I collect this judgement when he has supposedly placed all assetts in his new wife's name?

You attach every asset he has, including his 401k, his car, his underwear and his stash of viagra. OR, hire a recovery specialist to help.

4. Can I garnish his wages?
I'm just at wits end. Any advice you can offer is appreciated.
Thank you

yes, by filing a Motion for Garnishment After Judgement and then a writ of garnishment served on his company.

[dallas702]

How do guys like this not get tossed in jail (at least to put the fear of the judge into them)?

[BelizeBreeze]

Originally Posted by dallas702

How do guys like this not get tossed in jail (at least to put the fear of the judge into them)?

Because either the attorney drops the ball or the aggreived party does. Either way, a restraining order was not placed on assets and no subpoena was served on the employer.

Sloppy work all the way around.

[Gypsyheartz]

NC

Thank you very much for the sound advice. I'll let you know how it turns out.