Help! The divorce is final, but it's WRONG. (in MS)

[lyciana]

What is the name of your state?We're in Mississippi. Back in September, my mother filed for divorce. She said she was "just not happy anymore" so my dad agreed to give her half of everything, even though she had never worked. Come to find out, she was sleeping with another man, and moved in with him before the divorce was even final. My sister and I were witness to this, but she threatened us to keep our mouths shut for long enough to "get her money."

Now he knows all about this guy, and says he's not giving her the full $35,000, but he offered her $15,000 instead out of the kindness of his heart. She says she'll be taking him to court for the full amount, even after I advised her to take his offer before she ends up with nothing. I hate to testify against my mom, but she's wrong. Does he have to give her this money?

[LdiJ]

Originally Posted by lyciana

What is the name of your state?We're in Mississippi. Back in September, my mother filed for divorce. She said she was "just not happy anymore" so my dad agreed to give her half of everything, even though she had never worked. Come to find out, she was sleeping with another man, and moved in with him before the divorce was even final. My sister and I were witness to this, but she threatened us to keep our mouths shut for long enough to "get her money."

Now he knows all about this guy, and says he's not giving her the full $35,000, but he offered her $15,000 instead out of the kindness of his heart. She says she'll be taking him to court for the full amount, even after I advised her to take his offer before she ends up with nothing. I hate to testify against my mom, but she's wrong. Does he have to give her this money?

Yes, he certainly does. He was court ordered to do so and if he does not he is in contempt of court. The fact that your mother got involved with someone else has absolutely nothing to do with the property settlement in their divorce. If your dad hadn't agreed to give her half of everything, a judge would have given it to her anyway.

[stealth2]

Your mother is entitled to what was awarded her in the divorce. Your father will be found in contempt if he doesn't pay what was ordered - and if she has to take him to court for it, he can expect that a judge may well order him to pay her legal fees as well.

[lyciana]

well, can't he take her back to court? i thought that if she was the one that left him, and she was comitting adultery at the time, she woudn't be entitled to anything. he's already thousands of dollars in debt that she ran up, and the house has already been mortgaged twice.

Originally Posted by lyciana

well, can't he take her back to court? i thought that if she was the one that left him, and she was comitting adultery at the time, she woudn't be entitled to anything. he's already thousands of dollars in debt that she ran up, and the house has already been mortgaged twice.

Ask your dad's lawyer if marital misconduct is a factor in dividing property in these kinds of lawsuits.

[lyciana]

he doesn't have a lawyer yet. that's why i'm here. he got laid off of work on friday, and he's been out looking for a job this week.

Originally Posted by lyciana

he doesn't have a lawyer yet. that's why i'm here. he got laid off of work on friday, and he's been out looking for a job this week.

[url]http://www.smartdivorce.com/articles/misconduct.shtml[/url]

[lyciana]

i'm involved because she told me on the phone the other day that she doesn't care if they make us sell the house (i have nowhere else to go) she's gonna get her money.

this is coming from the woman that turned an $1800 discovercard account into a $5000 debt that my dad had to pay off after she left. (she'd been hiding it) he always let her take care of the finances and we've found out since she's been gone that our family has been hemorrhaging money for nearly twenty years. she kept all the bills perpetually late, and the late fees on the mortgage alone are in the thousands.

[djohnson]

This should have been taken care of in the divorce. The bills and the assets. If it wasn't then you (your dad) are out of luck. You can't keep going back. If he was court ordered and not paying then he will be in contempt.

[stealth2]

Originally Posted by lyciana

(i have nowhere else to go)

How old are you?