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  #1  
Old 05-11-2009, 12:55 AM
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Refusal of lump sum


What is the name of your state (only U.S. law)? GA
When my parents divorced over 3 years ago my father had to pay my mother a lump sum of money and money from selling half of his stocks. He wrote her a check and mailed it registered with return receipt. She received it and was mad because she was not happy with the amount- but it is what was agreed upon by the judge. She refused to cash it and mailed it to my father's attorney with a nasty letter. He notified her attorney that she refused it and that he had the check. He kept it almost 2 years and then gave it back to my father.

She had papers served to him this week for contempt charges that he never paid her the money. She still thinks she deserves more money than what was agreed upon plus 3 years of interest and for him to pay all attorney's fees. She has a new attorney and signed a form saying "everything stated is the truth" which obviously is not the case. He even paid income taxes reflecting the payment to her 3 years ago as per his attorney.

With this info, how might this play out? He tried to fulfill the judge's order but she refused the money. Can this be resolved between attorneys or is this something that will go to court? This is such a waste of everone's time and money but she won't leave him alone and move on. She regularly sends my father nasty emails about how she was cheated out of money among other things that she harps on over and over. Her behavior over the last many years has estranged her from most of her family, all of my father's family and her children and grandchildren.

Back to my question above- can this get resolved quickly or is this another "fight" between them that she can drag on and on? We are all tired of playing the "Dysfunctional Family Feud!!"

Thank you for all of your time! I appreciate it.
  #2  
Old 05-11-2009, 06:42 AM
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Quote:
Originally Posted by crapshoot View Post
What is the name of your state (only U.S. law)? GA
When my parents divorced over 3 years ago my father had to pay my mother a lump sum of money and money from selling half of his stocks. He wrote her a check and mailed it registered with return receipt. She received it and was mad because she was not happy with the amount- but it is what was agreed upon by the judge. She refused to cash it and mailed it to my father's attorney with a nasty letter. He notified her attorney that she refused it and that he had the check. He kept it almost 2 years and then gave it back to my father.

She had papers served to him this week for contempt charges that he never paid her the money. She still thinks she deserves more money than what was agreed upon plus 3 years of interest and for him to pay all attorney's fees. She has a new attorney and signed a form saying "everything stated is the truth" which obviously is not the case. He even paid income taxes reflecting the payment to her 3 years ago as per his attorney.

With this info, how might this play out? He tried to fulfill the judge's order but she refused the money. Can this be resolved between attorneys or is this something that will go to court? This is such a waste of everone's time and money but she won't leave him alone and move on. She regularly sends my father nasty emails about how she was cheated out of money among other things that she harps on over and over. Her behavior over the last many years has estranged her from most of her family, all of my father's family and her children and grandchildren.

Back to my question above- can this get resolved quickly or is this another "fight" between them that she can drag on and on? We are all tired of playing the "Dysfunctional Family Feud!!"

Thank you for all of your time! I appreciate it.
He does owe her the original money, and it sounds like a property settlement, NOT alimony. At a minimum he is going to have to pay that to her.
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  #3  
Old 05-11-2009, 08:40 AM
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Originally Posted by LdiJ View Post
He does owe her the original money, and it sounds like a property settlement, NOT alimony. At a minimum he is going to have to pay that to her.
OP never said it was alimony.

What she did say is that the money was sent in check form per the divorce decree and was refused by the ex-wife.

How can he pay someone who refuses to be paid is what the question is.

My answer to that is ex-wives are paranoid about being screwed out of money by ex-husbands. Not because they are screwed out of that money, but because that's exactly what THEY would do if they owed the ex-husband money.

Unfortunately the courts coddle women in these matters and by the sound of this woman OP's father will never be finished with her!
  #4  
Old 05-11-2009, 10:28 AM
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Originally Posted by Bali Hai View Post
OP never said it was alimony.
Then it was pretty stupid of this third party poster to place the thread in "Alimony & Spousal Support"
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  #5  
Old 05-11-2009, 11:21 AM
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Originally Posted by xylene View Post
Then it was pretty stupid of this third party poster to place the thread in "Alimony & Spousal Support"
I've seen stupider subjects than that put in the wrong forum.
  #6  
Old 05-11-2009, 07:18 PM
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Join Date: May 2009
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Thanks Bali Hai for taking your time to respond. It seems ridiculous that my father is 70 years old, divorced, and on a fixed income yet he has to keep an attorney on retainer to deal with issues my mother creates herself. It is just wrong to refuse payments she is due just so she can claim contempt 3 years later. Kudos to all of you who have to deal with this on a daily basis from numerous people. I'm getting old and gray just keeping up with my parents! Thank you again.
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