L
LostLoves
Guest
Divorce took place in Maine (I moved to florida about 2 months before divorce was final in 1997) I now reside in Florida-ex resides in colorad (he moved there in 1998).
ex ordered to pay debts from marriage and each party had their own property, I had residential rights of the minor child. ex received a deviation in child support due to taking responsibility for debts.
ex filed bankruptcy 28 days after divorce, ie i had to file in 1998 to stop harrassment from creditors.
1999 ex filed to amend divorce / parental rights and responsibilites and requested change in minors residence,and I in turn asked child support order be amended on grounds ex no longer had responsibilty of the bills due to filing bankruptcy.
I was informed by my lawyer at the time that nothing could be done about ex filing bankruptcy because the issue in this matter was child custody.
2 months ago I filed an "emergency complaint to establish and enforce a foreign judgment" I was informed by the legal aid clinic at the court that I could request the ex be held in contempt and that the judge award what is just and fair due to his actions and how they have affected me.
i got a letter from an attorney calling this res judicata (I read what this term means.) and to dismiss this case.
I am unsure of how this affects my case against him due to I did not sue him for damages based on his actions. I requested an increased support based on the grounds he no longer had the bills that granted him the deviation. I was also informed by my attorney at the time that the issue of his filing bankruptcy would have to be addressed in a seperate case, since his attorney filed the action to attempt to gain custody of our minor child.
Please help as I am attempting to do this lidigation per say due to I cannot afford an attorney and he has hired one requesting I pay for his attorney.
ex ordered to pay debts from marriage and each party had their own property, I had residential rights of the minor child. ex received a deviation in child support due to taking responsibility for debts.
ex filed bankruptcy 28 days after divorce, ie i had to file in 1998 to stop harrassment from creditors.
1999 ex filed to amend divorce / parental rights and responsibilites and requested change in minors residence,and I in turn asked child support order be amended on grounds ex no longer had responsibilty of the bills due to filing bankruptcy.
I was informed by my lawyer at the time that nothing could be done about ex filing bankruptcy because the issue in this matter was child custody.
2 months ago I filed an "emergency complaint to establish and enforce a foreign judgment" I was informed by the legal aid clinic at the court that I could request the ex be held in contempt and that the judge award what is just and fair due to his actions and how they have affected me.
i got a letter from an attorney calling this res judicata (I read what this term means.) and to dismiss this case.
I am unsure of how this affects my case against him due to I did not sue him for damages based on his actions. I requested an increased support based on the grounds he no longer had the bills that granted him the deviation. I was also informed by my attorney at the time that the issue of his filing bankruptcy would have to be addressed in a seperate case, since his attorney filed the action to attempt to gain custody of our minor child.
Please help as I am attempting to do this lidigation per say due to I cannot afford an attorney and he has hired one requesting I pay for his attorney.