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10-16-2008, 10:17 AM
| | Junior Member | | Join Date: Jul 2008
Posts: 8
| | | Settlement where property is in two states
What is the name of your state (only U.S. law)? Florida
The situation is that a woman has been awarded all of the marital property (house, car, etc) in Florida because the husband refuses to pay alimony or child support (3 minors) and has left the country vowing never to return. However, in the divorce settlement in the Florida court says it has no jurisdiction over a marital asset in Missouri. It is a piece of property.
What steps does the woman have to do to have the MO property awarded to her? |
10-16-2008, 10:38 AM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,751
| | Quote:
Originally Posted by proland  What is the name of your state (only U.S. law)? Florida
The situation is that a woman has been awarded all of the marital property (house, car, etc) in Florida because the husband refuses to pay alimony or child support (3 minors) and has left the country vowing never to return. However, in the divorce settlement in the Florida court says it has no jurisdiction over a marital asset in Missouri. It is a piece of property.
What steps does the woman have to do to have the MO property awarded to her? | She needs to meet with an attorney.
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
10-16-2008, 10:58 AM
| | Junior Member | | Join Date: Jul 2008
Posts: 8
| | | Does she have to see a lawyer in MO? Or can someone someone in Florida handle this? |
10-16-2008, 11:13 AM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,751
| | Quote:
Originally Posted by proland Does she have to see a lawyer in MO? Or can someone someone in Florida handle this? | Hubby did or did not show up at the hearing in Florida? I can guess but want to make sure my guess is correct. Truthfully what she should do is get a child support order against him anyway. The court cannot award property instead of child support. The parties can agree to that but this court could definitely look to be overturned for that decision. Why does she want the property in MO? Why does she need it?
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
10-16-2008, 11:27 AM
| | Junior Member | | Join Date: Jul 2008
Posts: 8
| | | The husband did not show for the hearing and she would like to be able to sell the property in MO. |
10-16-2008, 11:32 AM
| | Junior Member | | Join Date: Jul 2008
Posts: 8
| | | I didn't mean to imply that she was awarded the property because husband is not paying child support. I think that a lump sum alimony was granted in the form of the house being awarded to her, but I'm not positive that that was the exact wording. |
10-16-2008, 12:24 PM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,751
| | Quote:
Originally Posted by proland I didn't mean to imply that she was awarded the property because husband is not paying child support. I think that a lump sum alimony was granted in the form of the house being awarded to her, but I'm not positive that that was the exact wording. | Nope. That was not lump sum alimony. That was a property settlement. If she has a child support order then if he does nto pay she can get a lien against the property.
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
10-16-2008, 12:27 PM
| | Junior Member | | Join Date: Jul 2008
Posts: 8
| | | So if she cant get the court to award her the MO property she should have a lean placed upon it? | |
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