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My Husband's ?X? Is a Lunatic!!!

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Debbie Hagan

Junior Member
What is the name of your state? Texas
Almost 2 years ago my husband thought he was divorced. She reopened the case because "she" didn't think she got enough out of his rear-end. Needless to say, she didn't show up in court for the hearing so it was final. (There is also a minor child involved which my husband has custody of and she pays NO child support and refuses to) So when it was re-opened, she got LESS than she bargained for. She wanted 40,000 dollars of which there was none, and to assure she paid NO child support but still has her visitation rights. My husbands lawyer was a "low budget" lawyer. It was all he could afford trying to pay ALL the debts off and work and raise his son. To get to my point, the second time around in court, my husband was ordered to assume a mortgage that she had taken out 4 years ago on another house they had owned. The house that the mortgage was taken out on had been sold 3 years ago, owner-finance. The house we live in now was paid for at the time. So he was supposed to refinance that mortgage and transfer it to this house. Well, his credit score was not high enough, thanks to his "X", so MY credit score had to be used. Therefore, the new mortgage is in my name only. When the loan was made all the money was paid to me. It was also ordered in round k#2 divorce that as soon as HE refinanced the mortgage he was to pay her $2000.00 dollars, for what I don't know. Anyway, he did not get the loan, I did. Am I responsible to pay HER? His name is not even on the note. Since round #2, he reopened the divorce before his 30 days were up to ask for insurance coverage and child support for his son. I don't understand any of this and I am VERY confused. Would someone please help? By the way, my husband was laid off work the end of last month and has been working his tail off and is out of town right now looking for work. A man just left my front door looking for him to serve him with "papers" from his "X". WHAT can it be now? Do I have to pay her the $2000.00 dollars? OR does he go sit in jail and not make any money so we can't even eat. God, please I wish there was a such thing as EQUAL JUSTICE in this country. Why are the men always drained dry and the women left smelling like a rose no matter what the situation? She left him and his son and never looked back. Now she's living high on the hog and wanting more. Where does all this end? or can it?
 


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Boxcarbill

Guest
You know, being a Texas family lawyer, I could probably answer your questions if I could figure out what in the hell you are talking about.

Dispose of all the sidebar barbs, cracks and snide remarks and focus on the issues if you want me to answer. Who owned what house--e.g. the house on Main street (hereafter referred to as the Main house) was purchased by Husband and wife #1. The Main house was not disposed of at the time of the divorce of June 30, 2001. Approximately two years later on May 12, 2003, wife #1 filed a Motion to Divide Property not disposed of in the original divorce. The Judge ordered that the husband be awarded the Main street house and that husband was to refinance the Main house and to pay wife #1 $2,000.00 as her division of the community property. However, husband could not refinance the Main street house. Since husband and I married on April 22, 2002, the refinancing of the Main house was done in my name. Husband's credit rating wouldn't allow for him to refinance the Main street home in his name. Since the refinance of the Main Street property was done in my name, the check for the refinance was made payable to me. We, husband and I, used the proceeds from the refinance to buy our house on Broadway street. Now, my question is: Since I was the one to refinance the Main street house and the check was made payable to me, do I have to pay husband's ex wife $2,000.00 as husband was ordered to do under the decree? If I fail to pay the $2,000.00 can my husband escape contempt charges on the technicality that I was the one who refinanced the main street house and I was the one who got the money for it?

Now, do you understand the clarity that I am looking for in my little example story above?
 

Debbie Hagan

Junior Member
For BoxcarBill

I know I didn't make any sense. Here is what you asked to know:
No sidebar barbs, cracks or snide remarks. On June 2, 2001 my husband's x left him and his minor son. On August 3, 2001 a divorce was filed for by my husband. The 1st and original divorce decree was signed on March 28, 2002 The decree was reopened on the grounds of community propery by "ms.x" in April 2002 within the 30 day time period. Second court hearing on June 15, 2002. Signed by judge on April 15, 2003. Motion to Modify filed by my husband's presiding attorney, filed May 2003 withing the 30 day time period. My husband had released his first attorney due to negligance and met with and spoke with lawyer #2 who had my husband pick up lawyer #1's case file and mail it to lawyer #2. Neither lawyer informed my husband that he had 75 days in which to get a court date to keep the case open. Ms'X's attorney was on top of her case and bam, when the time was up, my husband was served with papers for contempt of court. Explanation: He was in default of paying her 2000.00 dollars as ordered. But, we on the other hand thought the case was reopened. (no excuse, I know) The money was not related to the sale of any property. Together they owned two homes. One that we live in and one that is owner financed in another town. Ms. X took out a mortage on house #2, 4 years ago(the one we Don't Live In). The house we reside in WAS paid for. The 2nd decree read that when house #2 was refinanced my husband was to pay MS.X 2000.00 dollars. The house was refinanced, but not in his name. It is all in my name. For the record we were married June 15, 2002. My name is not on the deed to the property, just on the mortgage. Bottom Line: My husband is ordered to appear in court July 24th without legal representation and try to explain all this to a judge. It will be a different judge AGAIN. Cherokee county in Texas has visiting judges now. So the first judge that heard the origanal divorce and was aware of the circumstances is no longer there. My husband's ex assumed no debts what so ever, she pays no child support and bones are still coming out of the closet from her. IRS issues, unpaid bills not to mention this last ordeal. Mr. Bill, if you can offer us any advice before the 24th of July, it would be VERY appreciated. My husband lost his job 2 months ago and we cannot afford another attorney. Lawyer #2 told my husband last week "it' would be a waste of his time and a waste of money we don't have for him to go to court with my husband." Thanks and have a good one.
 
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Boxcarbill

Guest
Re: For BoxcarBill

Debbie Hagan said:
I know I didn't make any sense. Here is what you asked to know:
No sidebar barbs, cracks or snide remarks. On June 2, 2001 my husband's x left him and his minor son. On August 3, 2001 a divorce was filed for by my husband. The 1st and original divorce decree was signed on March 28, 2002 The decree was reopened on the grounds of community propery by "ms.x" in April 2002 within the 30 day time period. Second court hearing on June 15, 2002. Signed by judge on April 15, 2003. Motion to Modify filed by my husband's presiding attorney, filed May 2003 withing the 30 day time period.

My husband had released his first attorney due to negligance and met with and spoke with lawyer #2 who had my husband pick up lawyer #1's case file and mail it to lawyer #2. Neither lawyer informed my husband that he had 75 days in which to get a court date to keep the case open. Ms'X's attorney was on top of her case and bam, when the time was up, my husband was served with papers for contempt of court.

Explanation: He was in default of paying her 2000.00 dollars as ordered. But, we on the other hand thought the case was reopened. (no excuse, I know) The money was not related to the sale of any property. Together they owned two homes. One that we live in and one that is owner financed in another town. Ms. X took out a mortage on house #2, 4 years ago(the one we Don't Live In). House we reside in WAS paid for. The 2nd decree read that when house #2 was refinanced my husband was to pay MS.X 2000.00 dollars. The house was refinanced, but not in his name. It is all in my name.

For the record we were married June 15, 2002. My name is not on the deed to the property, just on the mortgage. Bottom Line: My husband is ordered to appear in court July 24th without legal representation and try to explain all this to a judge. It will be a different judge AGAIN. Cherokee county in Texas has visiting judges now. So the first judge that heard the origanal divorce and was aware of the circumstances is no longer there. My husband's ex assumed no debts what so ever, she pays no child support and bones are still coming out of the closet from her. IRS issues, unpaid bills not to mention this last ordeal. Mr. Bill, if you can offer us any advice before the 24th of July, it would be VERY appreciated. My husband lost his job 2 months ago and we cannot afford another attorney. Lawyer #2 told my husband last week "it' would be a waste of his time and a waste of money we don't have for him to go to court with my husband." Thanks and have a good one.
O.K. now I am up to speed. Apparently the first judgment was a default judgment. When wife #1 ran off, she didn't make an appearance in the divorce. When she got word of the divorce judgment and found out husband got everything he wanted because of her default, she filed a Motion for New Trial and the Judge granted it. (I say this because if the Judge had heard from both parties, he would have not have granted a New Trial but would let her appeal the judgment up to the Ct. of Appeals.)

On the Motion for New Trial, Judgment was announced and rendered from the bench on June 15, 2002. The Order, however, was not signed for 10 months, which is uncommon but it does happen when the attorney ordered to draft the order forgets to do so and no one reminds him for months. But it is 30 days after an Order is SIGNED that a party has to Appeal and the party can file a Motion for New Trial which extends the time table for perfecting the Appeal to 75 days. The Motion for New Trial, if not granted within 30 days is over ruled by operation in 75 days. Obviously, the Motion for New Trial was not going to be granted (see first paragraph) and so the Motion was over ruled by operation of Law after 75 days. Your husband failed to perfect his appeal to the Ct. of Appeals within the 75 days. (In fact, it doesn't sound like that he ever had any intention of actually appealing the case but was counting on a New Trial which was not going to be granted for the reason I stated in my first paragraph.)

Your husband is not going to be have to explain all this to the Judge. The Motion is for contempt for failure to pay the $2,000.00. The only testimony that the Judge is going to hear is that which is directly related to failure to pay the $2,000.00 The division of property and debt has been litigated and the judgement disposing of those issues is final. If your husband wishes to take the issue of child support, then he needs to file a Motion to Modify prior order regarding child support. Get her served with Motion and get the case set for hearing.

What the lawyer was telling your husband is rather than pay a lawyer, he needs to work out a monthly payment plan for the $2,000.00 which is going to include interest and most probably attorney's fees and court cost. Sorry but that is the reality. The good news is that it is extremely unlikly that he will go to jail on this first Motion For Enforcement.
 

Debbie Hagan

Junior Member
thank you thank you thank you.....

Mr. Bill,
Thank you very much for making some sense of this for us. Also, for preparing us a bit on what will happen in front of the judge. We at least know NOW where to start and what to be prepared for. WE cannot thank you enough. Even though we aren't happy about the money issue, but that's what was ordered in round #2. Again, thank you for your advice and for sharing your knowledge with us. Have a wonderful day. :)
 

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