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  #1  
Old 02-20-2009, 11:04 AM
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Question

MN decree recognized by FL courts-How?


What is the name of your state (only U.S. law)? Minnesota
My divorce was finalized in Minnesota almost 8 years ago. During the divorce process my ex-husband quit his job, liquidated all of our assets, and disappeared. I have found that my ex-husband now lives in Florida. My ex-husband was ordered by the Minnesota courts to pay me spousal support. I understand I need to have my Minnesota divorce decree recognized by the Florida courts to be able to file contempt charges, as he is in contempt against the courts (and me) for failure to pay the support. He also liquidated all of our assets and still owes me that portion as well. Thankfully the Minnesota divorce decree states exactly what my share of the assets was at the time. Could someone please give me some detail of what to expect as I search for an attorney to help me with this? What is the actual process? What questions should I ask? Would I be able to insist that he pay my attorneys fees, being he is the one in contempt? Any and all information will be greatly appreciated.
  #2  
Old 02-20-2009, 11:21 AM
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Where do you live? You can take him back to court in Minnesota for contempt if you would like.
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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 02-20-2009, 02:18 PM
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MN decree recognized by FL courts-How?


I am in Minnesota. He is in Florida. I understand it is useless to file contempt here in Minnesota as the courts here can not do anything while he is in Florida. To file contempt I must file paper work that proves that he received the divorce decree. I know he received it but I can not prove it. Any suggestions?
  #4  
Old 02-20-2009, 07:58 PM
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Quote:
Originally Posted by Dreams View Post
I am in Minnesota. He is in Florida. I understand it is useless to file contempt here in Minnesota as the courts here can not do anything while he is in Florida. To file contempt I must file paper work that proves that he received the divorce decree. I know he received it but I can not prove it. Any suggestions?
A certificate of service was NOT filed with the courts at the time he was served a copy of the divorce decree? Who served him? How do you know he received a copy?
Minnesota has jurisdiction. You would need to serve him a copy of the contempt motion.
__________________
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
  #5  
Old 02-21-2009, 09:55 AM
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By the time the decree was filed he had disappeared. He ran out on paying his attorney as well. My attorney mailed the decree to his parents address where he had been having all his mail sent. I know he got it. My understanding is there is a reciprocal state to state for certain matters and spousal and child support are two of them. Even with this I understand I still need to enter the MN decree with the FL courts. Once that is done I can file contempt and hope he spends some jail time. Garnish his wages and liquidate out my portion from his accounts is my goal.
  #6  
Old 02-21-2009, 09:59 AM
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Quote:
Originally Posted by Dreams View Post
I know he got it.
How do you PROVE he got it. I know he got it because we mailed it to his parent's house isn't going to cut it. Therefore, there will be no contempt in any state.
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Someone else sees it too:
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Originally Posted by sandyclaus View Post
CourtClerk is right.
  #7  
Old 02-24-2009, 12:35 PM
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Because I now I know where he works and lives, if I enter my MN divorce decree to be recognized in the FL courts I would then be able serve him the papers and file the contempt for the past due spousal? Would notarized affidavits from people that also know he got the papers be acceptable to PROVE he got the papers? I would think with my ex hiding all these years it would be obvious to the judge that he was running & proof he did receive the papers.
It would be great if someone could give advice on the original questions I had as well. Thanks for your time.
  #8  
Old 02-24-2009, 02:15 PM
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Quote:
Originally Posted by Dreams View Post
Because I now I know where he works and lives, if I enter my MN divorce decree to be recognized in the FL courts I would then be able serve him the papers and file the contempt for the past due spousal? Would notarized affidavits from people that also know he got the papers be acceptable to PROVE he got the papers? I would think with my ex hiding all these years it would be obvious to the judge that he was running & proof he did receive the papers.
It would be great if someone could give advice on the original questions I had as well. Thanks for your time.
He would NOT be in contempt becaues he would not have been willfully disregarding a court order that you cannot prove he got. You are guessing that he was running. He did not OWE you anything nor did he have to ASK YOUR PERMISSION in order to leave you. You need to understand that.

Here is some advice -- hire an attorney in Florida and MN.
__________________
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
  #9  
Old 02-26-2009, 10:59 PM
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EXCUSE ME.....did you choose not to read that he liquidated all of our assets and took them with him? He laughed at me when he said he would never pay me any support and if I dropped the support he would then give me my share of the assets he stole from me. He left with 25 years of $ that I helped earn and save. Advice to women out there. Be sure any of your shared large investments state to withdraw that the paper work say John AND Jane not John or Jane. That was my stupid mistake. Also be well aware of any credit cards you have in BOTH of your names as well as a card you may have in YOUR name that has both of you on it. If you know you are heading for divorce CANCEL your name off all of them and be sure the credit card company sends you the paper work that states it. Another mistake is I missed one and he cashed advanced a large sum of money and I was responsible. So Ohiogal instead of being hateful to those of us that are at our lowest seeking advice on this site why don't you actually read peoples questions and answer them instead of throwing your judgment at them.
  #10  
Old 02-27-2009, 12:53 PM
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I did answer you. The fact that you refuse to understand is NOT my issue.
__________________
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
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