contempt

[Sw3tflower]

Calif
I filed for divorce in Sept after 28 years of marriage. I have a court hearing for temp spousal support next month. My husband liquidated (and spent or hid)our entire pension-profit sharing plan (he is self employed, corporation, LLC) last month after we were ordered not to use community property without permission.
I was told judges do not like to have a spouse file a contempt accusation and I might be better off waiting till we go to trial. However, I do not have an income and I thought it might make a difference in the temporary support awarded me...unless it backfires by irritating the judge.
What do you advise?

 

[LdiJ]

Calif
I filed for divorce in Sept after 28 years of marriage. I have a court hearing for temp spousal support next month. My husband liquidated (and spent or hid)our entire pension-profit sharing plan (he is self employed, corporation, LLC) last month after we were ordered not to use community property without permission.
I was told judges do not like to have a spouse file a contempt accusation and I might be better off waiting till we go to trial. However, I do not have an income and I thought it might make a difference in the temporary support awarded me...unless it backfires by irritating the judge.
What do you advise?

Who told you that judges do no like to have a spouse file a contempt motion? That is absolutely untrue.

However, it may be true that there could be a better way to handle this particular issue. Your husband is going to have to account for that money one way or another, and its going to be part of the property settlement one way or another as well.

Was the pension/profit sharing plan only in his name? Was he the only participant in the plan? Otherwise, he may also have committed a crime.

I hope you have a good attorney, because this doesn't sound like a divorce that should be handled on a DIY basis.

 

[2X'sdivorce]

Judges don't like to have a contempt on one charge. Most attorney's will advise to wait until you have several things. Judges don't like to see you in front of them for every little thing.

I would wait for trial, and temporary support is based on his income, not his net worth. Also, you will get the information that he had that money and now it is gone when your attorney requests information from him. When you get that, it will show that he had a pension and it is gone.

He will then have to explain to the judge where it went and when did it go. That is when you nail him on it. By law, that is 50% yours. Just be patient.

 

[LdiJ]

Judges don't like to have a contempt on one charge. Most attorney's will advise to wait until you have several things. Judges don't like to see you in front of them for every little thing.

I would wait for trial, and temporary support is based on his income, not his net worth. Also, you will get the information that he had that money and now it is gone when your attorney requests information from him. When you get that, it will show that he had a pension and it is gone.

He will then have to explain to the judge where it went and when did it go. That is when you nail him on it. By law, that is 50% yours. Just be patient.

While I agree with the bolded, I have to state that dissipating a pension fund is NOT a little thing. Its potentially a HUGE thing.

 

[2X'sdivorce]

While I agree with the bolded, I have to state that dissipating a pension fund is NOT a little thing. Its potentially a HUGE thing.

Of course it is a HUGE thing. It was not meant to say that it was a little thing, but that judges don't like to see you in front of them for every SINGLE thing.