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  #1  
Old 08-12-2002, 12:09 PM
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Join Date: Jul 2002
Posts: 38

Help! Ex and new wife TROUBLE!


What is the name of your state? TX

My ex and I had an agreeable divorce. I would get house (value $138,000) and he would get 401k (105,000) and cash in account (approx $8,000). All other property was equitably divided.

Agreement was he could live in house, pay bills (mortgage, ins., taxes) as long as our college-aged children lived at home, and no other woman could move in. One month after divorce was final he re-married. Of course the dust had not even settled and we had not even finished dividing everything up. The you know what hit the fan several times after new wife got involved and I asked him to move out.

I sold house two months later, cleared $75,000. He owes me for 5 months of taxes (the length of time he lived there) I had to pay at closing. He's not wanting to pay.

My question is: Should I take him to court for $963.25? We did the divorce ourselves to save money. I know I was also entitled to part of his pension, but wanted out bad enough not to fight for it at the time. Now I'm wondering if I should get a lawyer and go after part of his pension.

Any suggestions?

Last edited by tulicchic; 08-12-2002 at 12:35 PM.
  #2  
Old 08-12-2002, 12:16 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

Let's see . . .

You weren't willing to "fight" while you were in the midst of a divorce but now, over $963.25, you're willing to "fight"?

Move on with your life.

IAAL
  #3  
Old 08-12-2002, 12:30 PM
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Join Date: Jul 2002
Posts: 38
A little more involved than just the$900. What started of as an agreeable divorce (he agreed to pay college kids living expenses, do repairs necessary to sell house, etc) has turned ugly since new wife got involved. He has backed out of every agreement he made prior to divorce and it has cost me several thousand dollars.
  #4  
Old 08-12-2002, 01:07 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

Thank you for editing your post to add a new question about the pension.

You waived your rights to the pension since you didn't bring it up in your initial divorce. Since the order is now signed, you're only entitled to what was "at issue" at the time - - not new issues.

You can only have that which was ordered, and nothing more. If he's not obeying the current order, then you can file an Order to Show Cause for "Contempt of Court".

Talk to a local Family law attorney.

IAAL
  #5  
Old 08-12-2002, 03:38 PM
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Join Date: Jul 2002
Posts: 38
Pension was not addressed in original petition. Does this matter? Also there was an error on the final papers stating that I was present in court, and I wasn't? Is this a problem?
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