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  #1  
Old 06-12-2009, 07:06 PM
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Join Date: Feb 2008
Posts: 8
Question

How to finally get court ordered div settlement?


What is the name of your state (only U.S. law)? TX

I am in MS, he's in TX, he abandoned me & our home after 22 yrs together.He filed for div after telling me he would let me file in AL where we had our home...duh, he lied...
I was awarded $300 spousal support for 30 months, which expires in Dec,when I turn 62, unfortunatley my soc sec will not increase from the amount I now receive which is a grand total of $494 monthly.
He's ret Navy & that wasn't awarded in divorce, but, I was awarded $10K from our 401K, as welll as $8K from the IRA..he had already withdrawn his half from the 401K and put it into the IRA..using his half to build a house for he and his new wife...before our divorce was even final.
I've tried begging my atty(he is in Lamar co ,Tx) to do something to get ex to pay, all he would say is my ex if refusing to sign QDRO and that was that..now he doesn't even respond to my emails. He had told me he would help me collect money but obviously he hasn't. I've begged him to do it pro bono or even let me pay him afterward,but nothing has been done.
The judges' secretary said I should file a motion to enforce, as well as a motion of contempt but when I emailed the info and request to my atty he ignored the email.
I lost my home to foreclosure, found an apt and lived there 19 mos before I was evicted, now I'm temporarily living with a relative, facing another back surgery and I'm exixting on less than $800 a month I can't afford my own place anyway. The housing situation in this area is in bad shape due to Katrina and they aren't even taking apps for section 8, I have applied for a voucher but have no idea when I will hear from them. I know life isn't fair,but after all I did to help save the money for 'our retirement' as well as the court ordering it, why can't the order be enforced? How can my ex get away with ignoring the order? I've asked this question of my atty and again get no answer..it still doesn't stop me from asking how he can get away with it though..any answers here?
Please, I desperately need some advice..can I file the above mentioned motions myself (pro se?) or what would anyone advise? Thank you in advance for any help.What is the name of your state (only U.S. law)?

Last edited by pjstiredofit; 06-12-2009 at 07:22 PM. Reason: Need to enter location of atty
  #2  
Old 06-12-2009, 09:13 PM
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Join Date: Mar 2009
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Quote:
Originally Posted by pjstiredofit View Post
What is the name of your state (only U.S. law)? TX

I am in MS, he's in TX, he abandoned me & our home after 22 yrs together.He filed for div after telling me he would let me file in AL where we had our home...duh, he lied...
I was awarded $300 spousal support for 30 months, which expires in Dec,when I turn 62, unfortunatley my soc sec will not increase from the amount I now receive which is a grand total of $494 monthly.

He's ret Navy & that wasn't awarded in divorce, but, I was awarded $10K from our 401K, as welll as $8K from the IRA..he had already withdrawn his half from the 401K and put it into the IRA..using his half to build a house for he and his new wife...before our divorce was even final.
I've tried begging my atty(he is in Lamar co ,Tx) to do something to get ex to pay, all he would say is my ex if refusing to sign QDRO and that was that..now he doesn't even respond to my emails. He had told me he would help me collect money but obviously he hasn't. I've begged him to do it pro bono or even let me pay him afterward,but nothing has been done.
The judges' secretary said I should file a motion to enforce, as well as a motion of contempt but when I emailed the info and request to my atty he ignored the email.
I lost my home to foreclosure, found an apt and lived there 19 mos before I was evicted, now I'm temporarily living with a relative, facing another back surgery and I'm exixting on less than $800 a month I can't afford my own place anyway. The housing situation in this area is in bad shape due to Katrina and they aren't even taking apps for section 8, I have applied for a voucher but have no idea when I will hear from them. I know life isn't fair,but after all I did to help save the money for 'our retirement' as well as the court ordering it, why can't the order be enforced? How can my ex get away with ignoring the order? I've asked this question of my atty and again get no answer..it still doesn't stop me from asking how he can get away with it though..any answers here?
Please, I desperately need some advice..can I file the above mentioned motions myself (pro se?) or what would anyone advise? Thank you in advance for any help.What is the name of your state (only U.S. law)?
(Is the judge's secretary even permitted to offer legal advice like that?)

Are you asking what to do about lawyer, or your ex-husband? (I'm sorry - it's just overly clear)
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  #3  
Old 06-12-2009, 09:36 PM
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Location: Bay Area, CA
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Sounds like you got shafted and should have been at every hearing. After that many years married, why didn't you fight for retirement. Also, (Someone correct me if I'm wrong), but wouldn't that be life time alamoney?
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #4  
Old 06-12-2009, 09:43 PM
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Quote:
Originally Posted by Shay-Pari'e View Post
Sounds like you got shafted and should have been at every hearing. After that many years married, why didn't you fight for retirement. Also, (Someone correct me if I'm wrong), but wouldn't that be life time alamoney?
Not in Texas it isn't. Texas has it completely right. They aren't fond of alimony at all and she should be happy she even GOT alimony in the first place.

Second, the court order CAN be enforced, you just have to move to have it enforced. Your attorney doesn't seem to want to work for free, therefore, you'll need to figure out a way to do it yourself.
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Originally Posted by sandyclaus View Post
CourtClerk is right.
  #5  
Old 06-13-2009, 12:55 AM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
I typed in alimony and the spell checker said it was wrong. Thanks for the info CC.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #6  
Old 06-13-2009, 01:47 PM
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Join Date: Feb 2008
Posts: 8
Quote:
Originally Posted by Dogmatique View Post
(Is the judge's secretary even permitted to offer legal advice like that?)

Are you asking what to do about lawyer, or your ex-husband? (I'm sorry - it's just overly clear)
Actually either one. I really need to know how to get the judgement enforced is the main question. I need to know if I can somehow file the motions of enforcement & contempt myself, without having an atty..for the first time ever I want to send ex to jail !! He has cost me my home, furniture, all my stuff, nothing left to my credit either. He's in excellent shape financially & doesn't have to worry about credit if his car breaks down, or whatever kind of emergency arises.

I am going to report my atty to the Tx state bar for failing to complete his oblgations that have been paid for by my son and daughter in law.
  #7  
Old 06-13-2009, 02:03 PM
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Join Date: Feb 2008
Posts: 8
Quote:
Originally Posted by CourtClerk View Post
Not in Texas it isn't. Texas has it completely right. They aren't fond of alimony at all and she should be happy she even GOT alimony in the first place.

Second, the court order CAN be enforced, you just have to move to have it enforced. Your attorney doesn't seem to want to work for free, therefore, you'll need to figure out a way to do it yourself.
That's why I'm here, to get some advice on how I can do it myself...as the saying goes, no one is going to look out for you except yourself and that is so true in my case.

I'm pretty sure I was awarded alimony because at that time my soc sec was less than $450 monthly..now, due to COLA's it's all the way up to $494..believe me I'm not griping about the raise, it's just not enough to support one's self. I thought I had prepared for our retirement by insisting we put the max amount in the 401K & wouldn't touch it even when we'd get in a bind, even though that would always be his first option. I'm not sure how he even managed to take the funds from the acct anyway, I didn't sign anything.

Which brings me to one more question..are both parties supposed to sign the divorce papers? My signature is not on the div papers at all.

Thanks to all who responded and yes, I KNOW I've been SHAFTED AND I'M TIRED OF IT...I'M looking for answers on how to fight back and get what the court ordered.
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