Motion to Enforce Decree

[mar2983]

I lived in Hawaii with an abusive husband and we divorced in 2005.

I legitimately was in fear of this man and the only way I could get off of the island was if I signed the divorce decree. He had murdered my animals, taken all of my money and he threatened my life on countless occassions. I had a restraining order in effect coupled with a military protective order and Navy Family Advocacy had a hearing and ruled that he was 'officially' abusive. The decree granted me nothing and granted him money from me. I was in no position to argue because, though Navy Family Advocacy was successful in requesting that the Navy pay for my moving expenses, they were unable to bypass the 'sponsor signature requirement'. My ex had to sign off to release the assistance and he would only do this if I signed the divorce decree. This was two years ago.

I signed the decree and fled to Massachusetts immediately. Now he is trying to collect on the money promised to him in the decree but I'm pretty sure I'm past the one year time limit to fight the decree with duress as my defense... I think.

The amount of money he wants is ridiculous and he has a hearing scheduled in Hawaii to garnish my wages. I understand he can have this order put into effect and then Hawaii can have Massachusetts garnish my wages.

Is there any way out of this for me? I don't see how such an abusive person is able to profit off of the pain he caused.

Even though the time limit to dispute the decree has passed, is there another avenue I can take to make it so that he cannot have my wages garnished? Is there a counterclaim I can make that will help me?

I just can't see how he is getting away with this. He was obviously very calculating and he had this planned out quite well but I want to know if you have any advice for me.

[LdiJ]

Originally Posted by mar2983

I lived in Hawaii with an abusive husband and we divorced in 2005.

I legitimately was in fear of this man and the only way I could get off of the island was if I signed the divorce decree. He had murdered my animals, taken all of my money and he threatened my life on countless occassions. I had a restraining order in effect coupled with a military protective order and Navy Family Advocacy had a hearing and ruled that he was 'officially' abusive. The decree granted me nothing and granted him money from me. I was in no position to argue because, though Navy Family Advocacy was successful in requesting that the Navy pay for my moving expenses, they were unable to bypass the 'sponsor signature requirement'. My ex had to sign off to release the assistance and he would only do this if I signed the divorce decree. This was two years ago.

I signed the decree and fled to Massachusetts immediately. Now he is trying to collect on the money promised to him in the decree but I'm pretty sure I'm past the one year time limit to fight the decree with duress as my defense... I think.

The amount of money he wants is ridiculous and he has a hearing scheduled in Hawaii to garnish my wages. I understand he can have this order put into effect and then Hawaii can have Massachusetts garnish my wages.

Is there any way out of this for me? I don't see how such an abusive person is able to profit off of the pain he caused.

Even though the time limit to dispute the decree has passed, is there another avenue I can take to make it so that he cannot have my wages garnished? Is there a counterclaim I can make that will help me?

I just can't see how he is getting away with this. He was obviously very calculating and he had this planned out quite well but I want to know if you have any advice for me.

I am sorry, but I believe that you are stuck. I understand that you signed under duress, but its too late now.

You had strong evidence to prove his abuse and you could have battled it out in court. You decided that signing was the lesser of two evils, and you have to live with that decision.

[mar2983]

Thank you for your response.

There is a hearing on his 'motion to enforce the decree' in June. Have you ever heard of a judge refusing to enforce the decree? Is there a way for me to fight the garnishment before it is ordered? If it is ordered in Hawaii, they then have to submit the order to the AG in Mass and is there a way for me to fight it again in Mass?

I know the outlook is dim but I'm just looking for any sign of hope.

[Silverplum]

Originally Posted by mar2983

Thank you for your response.

There is a hearing on his 'motion to enforce the decree' in June. Have you ever heard of a judge refusing to enforce the decree? Is there a way for me to fight the garnishment before it is ordered? If it is ordered in Hawaii, they then have to submit the order to the AG in Mass and is there a way for me to fight it again in Mass?

I know the outlook is dim but I'm just looking for any sign of hope.

We aren't here to help people skirt the law, or to get around court orders.

[LdiJ]

Originally Posted by mar2983

Thank you for your response.

There is a hearing on his 'motion to enforce the decree' in June. Have you ever heard of a judge refusing to enforce the decree? Is there a way for me to fight the garnishment before it is ordered? If it is ordered in Hawaii, they then have to submit the order to the AG in Mass and is there a way for me to fight it again in Mass?

I know the outlook is dim but I'm just looking for any sign of hope.

Is the money owed to your ex a property settlement issue or an alimony/spousal support issue?

[mar2983]

It's a property settlement issue

[mar2983]

More specifically, it is for his credit card balances. In his name 100% and mostly stuff he purchased. I have my own cards to pay for but he wanted me to pay for all of the credit cards in his name.

[mar2983]

Originally Posted by Silverplum

We aren't here to help people skirt the law, or to get around court orders.

I apologize if it sounded as though this is what I'm trying to do. I'm certainly not trying to do that.

[mar2983]

My state: Massachusetts

My ex-husband is filing a motion to enforce the decree in Hawaii because that is where we were divorced. Basically, he says I owe him for credit card debt and I don't feel I am obligated to pay it. The hearing is in June and I will be there to fight it but I have a question.

Worst case scenario is the court honors his motion to enforce the decree and issues a wage garnishment order. For a number of unrelated reasons (I'm an insurance agent), my employer pays me as an independent contractor but I work a regular 40 hour work week. I'm covered as an employee with regards to medical insurance, Work Comp, 401k, etc but I'm paid as an independent contractor.

How much can be garnished from me if I'm not a salaried employee? Do the same restrictions apply with regards to the percentage of disposable earnings exempt?

[mistoffolees]

Originally Posted by mar2983

My state: Massachusetts

My ex-husband is filing a motion to enforce the decree in Hawaii because that is where we were divorced. Basically, he says I owe him for credit card debt and I don't feel I am obligated to pay it. The hearing is in June and I will be there to fight it but I have a question.

Worst case scenario is the court honors his motion to enforce the decree and issues a wage garnishment order. For a number of unrelated reasons (I'm an insurance agent), my employer pays me as an independent contractor but I work a regular 40 hour work week. I'm covered as an employee with regards to medical insurance, Work Comp, 401k, etc but I'm paid as an independent contractor.

How much can be garnished from me if I'm not a salaried employee? Do the same restrictions apply with regards to the percentage of disposable earnings exempt?

You're really not doing yourself any favors. Just pay what the court told you to pay. If you don't:

1. Your job could be endangered if your credit rating sinks too low. Insurance agents have financial responsibility to their clients and companies don't like employing agents who can't even handle their own debts.
2. Interest continues to accrue - probably at > 20% per year.
3. It's going to cost you a great deal to fight this - and your chances of winning are slim.

Your opportunity to fight this passed years ago. After a couple of years, the courts aren't going to care what the original fight was about. They're simply going to see you as a person who didn't do what they told you to do. Judges don't like that.

[LdiJ]

Originally Posted by mistoffolees

You're really not doing yourself any favors. Just pay what the court told you to pay. If you don't:

1. Your job could be endangered if your credit rating sinks too low. Insurance agents have financial responsibility to their clients and companies don't like employing agents who can't even handle their own debts.
2. Interest continues to accrue - probably at > 20% per year.
3. It's going to cost you a great deal to fight this - and your chances of winning are slim.

Your opportunity to fight this passed years ago. After a couple of years, the courts aren't going to care what the original fight was about. They're simply going to see you as a person who didn't do what they told you to do. Judges don't like that.

Well....I am going to disagree that interest would accrue at greater than 20% per year on a judgement. The CC debt itself might accrue at that rate, but a court judgement wouldn't.

However otherwise, I agree that she is stuck. She signed under duress, but she waited far too long to attempt to challenge things.

About the only other option would be to file for bankruptcy and name your ex as a creditor, but that would do just as much, if not more, damage to your credit rating, and potential damage to your job.

[mistoffolees]

Originally Posted by LdiJ

Well....I am going to disagree that interest would accrue at greater than 20% per year on a judgement. The CC debt itself might accrue at that rate, but a court judgement wouldn't.

Except that we're talking about credit card debt. If the OP is ordered to pay off a credit card and fails to do so, the credit card company is going to be charging double digit rates, often > 20%.

If the court ordered OP to pay a fixed amount, you're right.

[mar2983]

Thank you for your input... I really can't afford to hurt my credit rating and I wasn't even thinking about that aspect of it. I appreciate your bringing that to my attention... Yikes!

My hearing for the motion to enforce the decree is this Wednesday. What really concerns me is that my ex-husband is trying to get the court to garnish $500 per month (the max in Massachusetts) and I just cannot afford that. After my essential bills are paid every month, and before I even think about food / gas, I have approximately $300 remaining. I'm just really worried that the judge is going to make me pay more than I can afford to pay.

Do you think the judge is going to take any of these things into consideration before ordering me to pay a certain amount monthly? I am accepting reality at this point and that is that I'm going to have to pay the set amount I agreed to in the decree for the credit card bills. Now I'm just hoping he doesn't order a monthly payment that is beyond my means. What do you think?

[wileybunch]

Originally Posted by LdiJ

About the only other option would be to file for bankruptcy and name your ex as a creditor, but that would do just as much, if not more, damage to your credit rating, and potential damage to your job.

Are you certain Hawaii statutes allow a spouse to bankrupt out of their divorce obligations? Because if not, she will just be in contempt of the court order and no farther along as far as her ex goes and she'll have shot credit

[Zigner]

Duress?
OP didn't HAVE to accept assistance for the move.
The question is moot now...