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akazz67

Junior Member
What is the name of your state (Arizona)?

Hi everyone,
I'm sure to some, this post may seem cold or insensitive but if all of the facts were known, most, if not everyone would think I am a saint.

Ok, here is the question. I married a woman in 2000 and after a relatively short time, the marriage became very destructive. I will not bore everyone with the details but let's just say that my ex-wife had many issues that stemmed from one of the worst childhoods I could have ever imagined.

One other thing I should mention is that during this time, a disease that she has flared out of control. She has LUPUS and it worsened into a seizure disorder. She became very irrational and over the course of yet another couple of years after we were divorced it worsened into various types of cancer and MRSA. She would not do what was necessary to fix this, IE eating habits, alcohol consumption, marijuana, stress, and it is even worse now.

In this relationship that I just had to get out of, I basically gave her everything she asked for just to get out. I gave her half of my house value that she only lived in for 3 years, I owned for 7 prior to that. I bought her out and then when I went to sell, the market was much worse and I received almost half of what she received. I paid her 2K a month for 2 years even though we were only married for 3 years and it was not listed in the divorce doc as alimony so she did not claim taxes on it. I gave her our paid for vehicle worth 25K and I took my leased vehicle worth nothing. I paid for her health insurance for 3 years, I paid off all of our debt, and finally agreed to give her half of my 401K acct at the time of the divorce, listed in the doc as about 25K.

I am taking too much time to tell this, sorry folks... Here is the question. She became much sicker and I continued to pay her the 2K a month for 9 months past the 2 years and then took another job that paid considerably less. I told her I could not pay her anymore and she told me that I had to pay her the 25K from the 401K account I owed her. I should also mention that my 401K account lost about 75% of it's value over the last couple of years because of the market, probably not relavent, just griping. She has gone to an attorney that is now telling me to pay up.

Now, I realize I am very frustrated at the moment, but it seems that the amount I paid her above and beyond the 2 years should go towards that amount from my 401K account.

Would a court deem that the amount I gave her over the last 9 months be counted towards this 401K amount I owe as per the divorce document, or am I liable to give her even more.

Also, am I stuck at 25K even though she should have to pay taxes on this. Again, attorney is claiming the wording in the divorce doc just says 25K.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
You wasted a lot of words to ask a simple question.

You gave her more than the divorce decree ordered. Too bad. That is a gift.

Your court order says you had to pay her half of your 401K. You didn't do it. You are in contempt.

The only real question is whether you owe her $25 K or 1/2 of the current value. You need to provide the exact wording of the court order for anyone to be able to answer that.
 

LdiJ

Senior Member
What is the name of your state (Arizona)?

Hi everyone,
I'm sure to some, this post may seem cold or insensitive but if all of the facts were known, most, if not everyone would think I am a saint.

Ok, here is the question. I married a woman in 2000 and after a relatively short time, the marriage became very destructive. I will not bore everyone with the details but let's just say that my ex-wife had many issues that stemmed from one of the worst childhoods I could have ever imagined.

One other thing I should mention is that during this time, a disease that she has flared out of control. She has LUPUS and it worsened into a seizure disorder. She became very irrational and over the course of yet another couple of years after we were divorced it worsened into various types of cancer and MRSA. She would not do what was necessary to fix this, IE eating habits, alcohol consumption, marijuana, stress, and it is even worse now.

In this relationship that I just had to get out of, I basically gave her everything she asked for just to get out. I gave her half of my house value that she only lived in for 3 years, I owned for 7 prior to that. I bought her out and then when I went to sell, the market was much worse and I received almost half of what she received. I paid her 2K a month for 2 years even though we were only married for 3 years and it was not listed in the divorce doc as alimony so she did not claim taxes on it. I gave her our paid for vehicle worth 25K and I took my leased vehicle worth nothing. I paid for her health insurance for 3 years, I paid off all of our debt, and finally agreed to give her half of my 401K acct at the time of the divorce, listed in the doc as about 25K.

I am taking too much time to tell this, sorry folks... Here is the question. She became much sicker and I continued to pay her the 2K a month for 9 months past the 2 years and then took another job that paid considerably less. I told her I could not pay her anymore and she told me that I had to pay her the 25K from the 401K account I owed her. I should also mention that my 401K account lost about 75% of it's value over the last couple of years because of the market, probably not relavent, just griping. She has gone to an attorney that is now telling me to pay up.

Now, I realize I am very frustrated at the moment, but it seems that the amount I paid her above and beyond the 2 years should go towards that amount from my 401K account.

Would a court deem that the amount I gave her over the last 9 months be counted towards this 401K amount I owe as per the divorce document, or am I liable to give her even more.

Also, am I stuck at 25K even though she should have to pay taxes on this. Again, attorney is claiming the wording in the divorce doc just says 25K.What is the name of your state (only U.S. law)?
Which attorney? Hers or yours? Odds are you should be listening to yours.

No one can truly give you hard and fast advice if they cannot read your divorce paperwork.
 

Bali Hai

Senior Member
You wasted a lot of words to ask a simple question.

You gave her more than the divorce decree ordered. Too bad. That is a gift.

Your court order says you had to pay her half of your 401K. You didn't do it. You are in contempt.

The only real question is whether you owe her $25 K or 1/2 of the current value. You need to provide the exact wording of the court order for anyone to be able to answer that.
Not necessarily lady libber fan.

I believe that would be up to the judge to decide using their broad discretionary power.

I took my bloodsucking ex to small claims court when she tried to use the gift bullcrap too, and, got all of my overpayment back, with INTEREST!!
 

mistoffolees

Senior Member
Not necessarily lady libber fan.

I believe that would be up to the judge to decide using their broad discretionary power.

I took my bloodsucking ex to small claims court when she tried to use the gift bullcrap too, and, got all of my overpayment back, with INTEREST!!
Then you got more than you were legally entitled to. So why are you so regularly badmouthing the system?

Legally, if he gave her something that was not required by the decree, it's a gift.
 

Bali Hai

Senior Member
Then you got more than you were legally entitled to. So why are you so regularly badmouthing the system?

Well the JUDGE didn't see it that way.

Legally, if he gave her something that was not required by the decree, it's a gift.
That's the difference, my situation was an oversight, he GAVE her the money to be a nice guy. Well as you and everyone else knows, NICE guys are screwed in divorce court!!
 

cyjeff

Senior Member
That's the difference, my situation was an oversight, he GAVE her the money to be a nice guy. Well as you and everyone else knows, NICE guys are screwed in divorce court!!
Ya know... have you ever tried decaf? Tastes just as good as the regular kind without all the side effects.

If the situation is different, what is the purpose of your original post?
 

Bali Hai

Senior Member
Ya know... have you ever tried decaf? Tastes just as good as the regular kind without all the side effects.

If the situation is different, what is the purpose of your original post?
If you were paying attention, you MIGHT be able to figure that out!!
 

mistoffolees

Senior Member
My comments are not irrelevant to a divorcing would be NICE guy reading this.
Actually, yes, they are. Anyone relying on your posts for advice would be making a huge mistake.

In this case, the guy made a gift - and the courts will treat it as such. You objected and implied that this was not the case - but you were wrong.
 

Bali Hai

Senior Member
Actually, yes, they are. Anyone relying on your posts for advice would be making a huge mistake.

In this case, the guy made a gift - and the courts will treat it as such. You objected and implied that this was not the case - but you were wrong.
You don't know HOW the court will treat this particular case genius.
 

cyjeff

Senior Member
You don't know HOW the court will treat this particular case genius.
And neither do you.

However, you felt comfortable in stating that a completely different set of circumstances and their outcome would somehow be applicable here.

That is incorrect.
 

akazz67

Junior Member
Thanks everyone for the posts. I am not usually a big forums poster but after reading the letter from my EX's attorney, I was seriously ticked off.

Yes, I know better than to actually take any advice from someone I do not know as to be the law.

I realize that the money I continued to pay her could and would most likely be considered a gift, I just figured that she would realize I was fulfilling the agreement in spirit, but that is not the way self centered people work.

I will consult an attorney and have the actual divorce document reviewed. My guess is that my blood sucking psycho ex wife will get even more of my money and I will also have to pay taxes on that as well, so be it.

I will just have to take satisfaction that she will get what she deserves.

And guessing from her health right now, she is...

Karma will prevail!
 

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