Post-divorce hidden assets

[drjsbach]

What is the name of your state (only U.S. law)? Texas

I have posted on here a few times. They have to do with a divorce that occurred on March 26, 2008. My ex-husband is refusing to pay the judgment that I have against him. I have taken him back to court on two Enforcement Orders. He was found in contempt. He never responded and he did not appear in court. However, my lawyer does not seem to think that we can actually get a judge to rule him in contempt. Yes, these are debts and unfortunately, the State of Texas is debtor friendly. He cannot go to jail for not paying debts.

I spoke with a couple of collections attorneys. One seemed to think that there might be something that we could do and another told me to just "leave him alone. He has nothing."

I am in a very tight spot. I have been left to pay off all of my debts AND all of his debts (which include a second mortgage [over $20,000], over $4,000 in his credit card bills, and vehicle payments that he failed to make - including about $2,800 in damage that he caused to the vehicle). He has successfully made it appear as though he has little or nothing. I found out yesterday that he just bought a new car (a used car that looks to be a 2007 or 2008 SUV).

Is there really nothing that I can do? I even offered to negotiate a deal in which I forgave close to $50,000 in debt in return for him paying off his bills (around $27,000). It is very obvious that he is getting money from somewhere.

Can someone please help?

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

I have posted on here a few times. They have to do with a divorce that occurred on March 26, 2008. My ex-husband is refusing to pay the judgment that I have against him. I have taken him back to court on two Enforcement Orders. He was found in contempt. He never responded and he did not appear in court. However, my lawyer does not seem to think that we can actually get a judge to rule him in contempt. Yes, these are debts and unfortunately, the State of Texas is debtor friendly. He cannot go to jail for not paying debts.

I spoke with a couple of collections attorneys. One seemed to think that there might be something that we could do and another told me to just "leave him alone. He has nothing."

I am in a very tight spot. I have been left to pay off all of my debts AND all of his debts (which include a second mortgage [over $20,000], over $4,000 in his credit card bills, and vehicle payments that he failed to make - including about $2,800 in damage that he caused to the vehicle). He has successfully made it appear as though he has little or nothing. I found out yesterday that he just bought a new car (a used car that looks to be a 2007 or 2008 SUV).

Is there really nothing that I can do? I even offered to negotiate a deal in which I forgave close to $50,000 in debt in return for him paying off his bills (around $27,000). It is very obvious that he is getting money from somewhere.

Can someone please help?

If he has no assets to seize or wages to garnish, there is very little that can be done. You can get a judgement against him, and renew the judgement each time it expires for the rest of his life, in case he ever does have anything that can be seized, but that is really all you can do.

There is no debtors prision in any US state. It is contrary to our constitution.

 

[JETX]

Is there really nothing that I can do?

Depending on the full situation, it is likely nothing you can do to force him to pay you directly; however, there are LOTS of possible actions you can do to help 'induce' him to 'step up'.
I would suggest that you start first with post-judgment discovery ('exam', deposition) to force him to give you all of his financial information. If he refuses to comply, you can request an 'Order to Compel' his compliance. If he still refuses, the court can order him jailed for contempt.... until he does comply.
Though Texas is a 'debtor friendly' state with broad exemptions, that does not mean that we don't have methods available to an aggressive and experienced attorney or judgment creditor.

 

[rppearso]

Depending on the full situation, it is likely nothing you can do to force him to pay you directly; however, there are LOTS of possible actions you can do to help 'induce' him to 'step up'.
I would suggest that you start first with post-judgment discovery ('exam', deposition) to force him to give you all of his financial information. If he refuses to comply, you can request an 'Order to Compel' his compliance. If he still refuses, the court can order him jailed for contempt.... until he does comply.
Though Texas is a 'debtor friendly' state with broad exemptions, that does not mean that we don't have methods available to an aggressive and experienced attorney or judgment creditor.

There actually are debtors prisons in the USA, I believe that you can go to debtors prison for failure to pay child support.

 

[davew128]

There actually are debtors prisons in the USA, I believe that you can go to debtors prison for failure to pay child support.

What you believe and what is reality are worlds apart. Those who fail to pay court ordered child support do NOT go to jail unless it is willful failure to pay, and the time in jail is for contempt of court, not for owing money. Try again.

 

[JETX]

There actually are debtors prisons in the USA, I believe that you can go to debtors prison for failure to pay child support.

110% crap.

First, in most states, PRISON is for felonies or sentences longer than one year.
Second, anyone who is found in contempt of court can be sent to JAIL, until the court is satisfied that they are no longer in contempt.

 

[mistoffolees]

I'm confused.

Your thread title is 'post-divorce hidden assets'.

What evidence do you have that he has hidden assets? What assets?

The fact that you don't understand where his support is coming from isn't evidence. So what evidence do you have?

Once you answer that, maybe we can help with the rest of your questions.

 

[drjsbach]

To clear up a couple of things:

My lawyer did, in fact, depose him. He lied throughout the entire deposition. No documentation was requested. I have asked my lawyer to request documentation.

My ex-husband swore under oath that he "has no money to do anything." This was a month ago. This weekend, he and his girlfriend bought a new car. I deduced that there must then be hidden assets. They've been on vacations, out to dinner, out to the movies, etc. He has enough money to be able to afford cable, high-speed internet, and cell phones - and now a new car. He refuses to change the address on his driver's license because he "can't afford" to do so - that would cost $25.

He has deliberately thumbed his nose at me, my lawyer, and the court. He told my lawyer in his deposition that he believes the Final Decree of Divorce to be "subjective" and that he would consider "revisiting" the issue (i.e. a new hearing...a do-over divorce). According to him, because he had no lawyer when appeared in court and agreed to the final decree (he did not even appeal it), he does not have to follow the decree - it's "subject" to his own personal interpretation of it.

It is rather hard to believe that when two people get divorced - both get to divide up the spoils of the marriage but one person gets to shirk the division of the debt. My ex-husband not only received things for which he asked, but I offered up many other things that I thought he might want and he took them all. Not to mention that he removed property from the "marriage home" without my knowledge - before I had even filed for divorce (I found out in the midst of discovery that he had shipped over 130 pounds to his mistress' apartment in another state). I have no idea what he took. He gave me a partial listing of the items - but his list could not have added up to over 130 pounds.

An example of his complete lack of respect for the law: In September 2008, he received 2 tickets (speeding and no proof of insurance). He failed to appear and he has yet to pay the tickets. So, another citation was issued for failure to appear. He currently has 3 arrest warrants on his license. Did he clear that up before buying a new car? No. He still has warrants (I know because I checked).

One more example: He was awarded one of the vehicles in the decree, but he was required to maintain full coverage insurance (which he did at that time), make the payments to me on time, and refinance the vehicle into his own name within 60 days or he must return the vehicle within 12 hours of my request. He missed two payments and failed to refinance. I requested the return of the vehicle 3 times and he refused to return it (I was footing the bill while he drove it). He actually told me that I would have to "sue him" for it. When he did finally return it, he had caused close to $3,000 in body damage. By the time I got home and found the damage, he had cancelled his insurance and refused to repair the vehicle. I cannot afford to repair the vehicle as I am already paying ALL the bills.

I understand that we have no debtor's prison. However, I do not think that the spirit of the law was meant so that one person can cause another person harm - financially or otherwise. I am having to pay ALL the credit card debt, a second mortgage that was taken out to pay off HIS previous credit card debt, and a vehicle that is no longer 100% because he thinks that the decree is subjective.

He has a job. He has a new car. I'm paying.

 

[drjsbach]

I forgot to mention that I have 2 Enforcement Orders against him as well. He has already been found in contempt through the Enforcement Orders. He still refuses to make any form of payment (and I recently offered to forgive close to $50,000 in my judgment, interest, etc. if he would simply pay his share of the bills - he has not responded).

Surely, we could take him to court to enforce the contempt for which he has already been found guilty. ???

 

[mistoffolees]

Not clear

"To clear up a couple of things:"

Sorry, you didn't clear up anything.

Your title says that he has hidden assets from before the divorce. All you've stated is that he and his girlfriend go out to dinner and bought a car. That's not the same thing at all.

He may be paying using money he's earned since the divorce. His girlfriend could be paying. He could have won the lottery since the divorce. And so on.

If you have evidence that he hid assets, present it to the court. If he doesn't, then stop making accusations you can't support.

Ask the court to attach his wages and prepare a lien against any present and future assets. But then it's up to you to demonstrate that he has assets if you plan to collect. So far, all you've shown is that he's better at spending money than saving (hint: A $20,000 car with $19,000 in debt isn't much of an asset).