Ex's post decree BK & early term. of S/S as offset of equalization pymt.

[irhsprnsiss]

I reside/divorced in California:

~I posted this originally in the BK Forum-got some insight! Now I am looking for help with the issues that are applicable in here. SPECIFICALLY, do I have cause to file Contempt or OSC for reinstatment of the 14 mo. S/S that was terminated as the above offset as equal. pymt to my ex BUT was never used to pay.(Instead he filed BK and was discharged 1 yr ago.)~

-Final Divorce Judgement was in July 2002. I was ordered to pay TO MY EX equalization pymt. as follows:

"The Respondent(me) owes to the Petitioner(ex) the sum of $12,664 as and for equalization of the community property/debts of the marriage".

Further it states under DIVISION OF COMMUNITY. PROPERTY.:

"Petitioner...is awarded as his sole and separate property as set forth"...
Item 4-"Equalization payment of $6,332.00 FROM (me)the Respondent"
AND
"Respondent (me)...is awarded as her sole and separate prop. as set forth" ... Item 2- "Equalization payment of 6,332.00 PAYABLE to Petitioner".

Then under SPOUSAL SUPPORT:

"Petitioner ordered to pay the Respondent for her support the sum of $XXX/month, commencing July 2001 and TERMINATING on February 1, 2004, AS AN OFFSET TO THE SUMS OWED BY the Respondent(me) TO the Petitioner in the dissolution settlement"...(and spousal support did indeed cease as of Feb. 1, 2004!)

Ok - here are the issue(s) that the insight and knowledge of this forum may provide...in Aug 2004, the EX (Petitioner), filed BK, listing me as a creditor and he was discharged from ALL comm. debt (incurred in our 2nd marriage of 7yrs8mo.). But the problem I am having is the fact that the court ordered an offset/early termination of my spousal support as equalization ($6,332).

So, basically HE has been PAID IN FULL by ME for my portion (50%) of the comm. debts (as offset of S/S pymts. went to him)-

*How is it that he is able to get payment from me - then file BK, is this
Contempt in Family Law?
*So I was forced & paid my half of debts to him, he failed to pay debts, now I
can am open game (for the creditors/debts) for ALL 100% of it-all over
again, due to HIS failure to comply with the court order?
{And yes I do feel this was the intent by my EX, this is merely another one
of many HE scored by deception!!!}
*Is he permitted by the laws to retain that equalization FROM me? Or am I
able to have him ordered to pay it back to me or reinstate the 14 mo. S/S
to me, as it was originally ordered as such, then not used as was specified ?
*Finally is the equalization pymt construed/originiated as S/S and therefore
not dischargeable, then potential fraud?

Well-think/hope the jist of what questions, issues and answers are needed is clear enough. If not then please post back and I will clarify a.s.a.p.- .

P.S.- and yes the above quotes are correct as they actually appear on paper. Therefore, judgement's also wrong and contridicts itself - as is states $12,664 as the total sum and yet it is stated 50% @ $6,332 owed (see above). I am open to any info relating on what, how or if there is recourse & if any effect on the judgements validity.

Thankyou so much in advance for any advice, guidance or suggestions that are offered!!!

Thanks Again~

 

[LdiJ]

Ok...that was extremely confusing....so let me try to recap so that I understand properly.

Your husband was ordered to take care of the marital debt, and your share was deducted from your spousal support, so that you received less spousal support each month because the money was supposed to be going towards paying the debts.

He then filed bankruptcy, and also listed you as a creditor so that you could not sue him for the unpaid debt that the creditors went after you for.

So, now he has stuck you with all the debt, and he has already received your share from the deductions from your spousal support.

You need an attorney and a trip back to court. You probably need to ask the judge to extend or increase spousal support as a result of this.

However, you may also have to file bankruptcy yourself.

 

[Raymond_White]

Final Divorce judgement was July 2002 - Your statutes of limitations have run out to challenge anything pertaining to that years ago. (180 days after Judgement).

Ex filed BK in August 2004 - Your time to have challenged that was in the 341 meeting, BEFORE discharge in the state of Ca.

I suspect equalization "offset to the sums owed" means: If he did not take half of the community property when you separated, he is entitled to half of everything. Did he take half of the community property?

What was the community debt established in your trial? What was he ordered to pay and what were you ordered to pay?

You may also file BK. Many divorces end in 2 separate BK's.

It just doesn't sound like you got anything to go forward with.