Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-07-2008, 10:15 AM
Junior Member
 
Join Date: Aug 2008
Posts: 2

Fraud To Collect Large Alimony


What is the name of your state (only U.S. law)? FLORIDA
I was divorced in 2004, was married for 16 years, unfortunately I did not show for the hearing, nor did I have representation. That gave the ex and her attorney the freedom to go for blood, and they got it. Permenant alimony at the tune of 1000 per month for life. The issue at large is that they mispresented (fraud) my earned income for our 16 years of marriage by double. thats right doubled it, also they made ourlifestyle or standard of living as you would say it to be that of the rich and famous. okay, now for the issue, I left the state of Florida, to seek a better job, was gone for some 28 months, left no forwarding address, the ex filed a contempt of court, won it and found me, there is now a writ of bodily attachment on me with a purge of 28000, and also my pay is now garnished to the tune of 1000 per month. I've been fighting this in court (pro se) for some 5 months now, trying to get the judge to re hear the case. Her attorney, is keeping it from trial, of course he is an attorney and knows what he is doing, I do not, but am trying my best in a modification of alimony petition, now my question is...can I take her to criminal court? she commited fraud in our divorce case, I have rock solid proof that she did. and file charges against her for fraud to collect monies at a higher rate then should have been given. I agree some alimony would have been awarded, the great state of Fl has the worst alimony laws known to mankind, But now it's a hardhip on me to pay the 1000 per month and also is totallly wrong..any ideas????
  #2  
Old 08-07-2008, 11:15 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,795
No you don't. Quite frankly you weren't there. How do you know she committed fraud? You could have appealed the judgment way back when. You didn't. What you did is you left the state with a court order hanging over your head that you decided to ignore. You are long past the time when you can appeal this. YOu owe the money and are stuck because you didn't care then.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 08-07-2008, 07:21 PM
Senior Member
 
Join Date: Aug 2004
Location: Central Florida
Posts: 4,718
Quote:
Originally Posted by TOMINTROUBLE View Post
What is the name of your state (only U.S. law)? FLORIDA
I was divorced in 2004, was married for 16 years, unfortunately I did not show for the hearing, nor did I have representation. That gave the ex and her attorney the freedom to go for blood, and they got it. Permenant alimony at the tune of 1000 per month for life. The issue at large is that they mispresented (fraud) my earned income for our 16 years of marriage by double. thats right doubled it, also they made ourlifestyle or standard of living as you would say it to be that of the rich and famous. okay, now for the issue, I left the state of Florida, to seek a better job, was gone for some 28 months, left no forwarding address, the ex filed a contempt of court, won it and found me, there is now a writ of bodily attachment on me with a purge of 28000, and also my pay is now garnished to the tune of 1000 per month. I've been fighting this in court (pro se) for some 5 months now, trying to get the judge to re hear the case. Her attorney, is keeping it from trial, of course he is an attorney and knows what he is doing, I do not, but am trying my best in a modification of alimony petition, now my question is...can I take her to criminal court? she commited fraud in our divorce case, I have rock solid proof that she did. and file charges against her for fraud to collect monies at a higher rate then should have been given. I agree some alimony would have been awarded, the great state of Fl has the worst alimony laws known to mankind, But now it's a hardhip on me to pay the 1000 per month and also is totallly wrong..any ideas????
There is a Florida law though COULD HAVE helped you, however, you can't use that law because you did NOT appear at the original final hearing. By not appearing, you affectively waived your rights to any relief, even for fraud.

You might as well accept that you'll have to pay, and please learn from your mistake- never, ever let any hearing go by without appearing and making an attempt to defend yourself. When you do that, you have alot of rights to file for relief, but when you do not appear, you have no rights.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:21 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.