Ex-Husband in breach of contract, did I goof?

[mgirldistressed]

MI

I hope I didn't make a catastrophic mistake. My ex-husband has been delinquent since mid-September on paying me 50k per the divorce settlement in August.

I didn't push the issue like I should have, nor did I hire an attorney, however I did have some legalese documents submitted by an atty friend of mine that the Judge signed off on making the Divorce final.

I finally had an appointment at the bank of mine an my ex-husband to do 2 things: One, sign a quit claim deed on the house as he is keeping it, and Two, to recieve and deposit a check from my ex-husband for $50,000.

Unfortunately, my first mistake was signing the quit claim deed FIRST, before I even got the check in my hands (stupid and careless I know), then when I DID get the check moments later, the cashier informed me that it was NOT for $50,000, but rather only $20,000!!!

I went straight out to my ex-husbands house to find him in a drunken stupor as usual, and confronted him, and he told me that, not so kindly I might add, that all I was going to get was $20,000 because that was all I deserved!

I consulted an atty that I used to work for, and he is going to handle the breach of contract from this point forward. I 'hope' to get the additional $30,000, and court costs, attorney fees and/or applicable interest on the defaulted 30k would all be just gravy to me at this point. I just want this man out of my life.....we don't share any children together tg.

What should be my realistic expectations regarding how this matter should or can turn out at this point?

I'm kicking myself for not being more careful as we type.

Thanks so much

mgirldistressed

 

[BelizeBreeze]

If you have an attorney handling the situation then you are o.k. from the facts in your post.

However, you might also ask the attorney to file a show cause for contempt of a court order or investigate the chances of a fraud charge against hubby.

 

[mgirldistressed]

"sounds ok..", thanks! I feel better already

when you say "However, you might also ask the attorney to file a show cause for contempt of a court order or investigate the chances of a fraud charge against hubby.", is that for the purpose of precaution on my case, or is there something else at work in that statement. Sorry for my naivity, I'm just trying to have a clear understanding.

Thanks for you quick reply too!

 

[BelizeBreeze]

when you say "However, you might also ask the attorney to file a show cause for contempt of a court order or investigate the chances of a fraud charge against hubby.", is that for the purpose of precaution on my case, or is there something else at work in that statement. Sorry for my naivity, I'm just trying to have a clear understanding.

Thanks for you quick reply too!

IF the agreement was signedoff by the judge it has the weight of the court behind it. And the court does NOT take kindly to people ignoring their 'advice'. That is why I said the contempt should be investigated.

As to the fraud, it seems to me, albeit with very limited facts, that your ex's INTENT was to never honor the agreement. Filing a fraud charge against him now may be the incentive he needs to honor the contract.

 

[Bali Hai]

when you say "However, you might also ask the attorney to file a show cause for contempt of a court order or investigate the chances of a fraud charge against hubby.", is that for the purpose of precaution on my case, or is there something else at work in that statement. Sorry for my naivity, I'm just trying to have a clear understanding.

Thanks for you quick reply too!

One would guess that your lawyer would file the motion for contempt anyway as this was the case in that your ex did not obey the orders and pay you the full $50,000. As you said, "I just want this man out of my life.....we don't share any children together tg".

Any further action against him will only be for revenge, make him hate you that much more, put more money in your attorney's pocket and get you nothing.

 

[LdiJ]

One would guess that your lawyer would file the motion for contempt anyway as this was the case in that your ex did not obey the orders and pay you the full $50,000. As you said, "I just want this man out of my life.....we don't share any children together tg".

Any further action against him will only be for revenge, make him hate you that much more, put more money in your attorney's pocket and get you nothing.

She has every right, and absolutely should do whatever is necessary to collect the balance due to her. BB's advice was right on for accomplishing that.

You really do tend to "project" in your responses to posters. A little more objectivity would be best. It doesn't matter if he hates her, they have no children together and once the financial issues are settled they will go their separate ways for good.