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  #1  
Old 08-11-2009, 01:24 AM
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Join Date: Aug 2009
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Property Settlement payment


What is the name of your state (only U.S. law)? Mo
Part of the property settlement is a cash settlement of just under $300,00. Divorce decree states he has 6 months to pay. Ex says he doesn't have the $ and wants me to accept $23,000 now and monthly payments of $2500 until paid which by his calculation would be the year 2024! He's threatening to take me back to court??? if I won't sign a document he prepared accepting these terms! Child support for 2 kids only $350 month because he told the court his monthly income is only $2000.00 He is self-employed. Obviously his income is far more than the $2000 he claimed. Divorce just final 2 weeks ago. Is there anyway a judge would force me to accept his terms? Thanks for any advice.
  #2  
Old 08-11-2009, 07:41 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,765
Quote:
Originally Posted by debbie_123 View Post
What is the name of your state (only U.S. law)? Mo
Part of the property settlement is a cash settlement of just under $300,00. Divorce decree states he has 6 months to pay. Ex says he doesn't have the $ and wants me to accept $23,000 now and monthly payments of $2500 until paid which by his calculation would be the year 2024! He's threatening to take me back to court??? if I won't sign a document he prepared accepting these terms! Child support for 2 kids only $350 month because he told the court his monthly income is only $2000.00 He is self-employed. Obviously his income is far more than the $2000 he claimed. Divorce just final 2 weeks ago. Is there anyway a judge would force me to accept his terms? Thanks for any advice.
Not at this juncture. Apparently the court found that he has the means to do this. However why is child support set at only $350 a month. If he states he wants to pay you $2500 a month and takes you back to court -- ask for his child support to be modified upwards due to the fact that if he can afford to pay you $2500 a month then he has much more income than he fraudulently presented to the court.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


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  #3  
Old 08-11-2009, 07:54 AM
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Join Date: Mar 2008
Posts: 3,959
Quote:
Originally Posted by Ohiogal View Post
Not at this juncture. Apparently the court found that he has the means to do this. However why is child support set at only $350 a month. If he states he wants to pay you $2500 a month and takes you back to court -- ask for his child support to be modified upwards due to the fact that if he can afford to pay you $2500 a month then he has much more income than he fraudulently presented to the court.
Maybe. Maybe he really does have the $300 K and is simply planning to invest it and pay her from the investment returns. I agree that he's probably making much more than he claims, but it's worth considering all the options.

I agree with the action, though. Go back to court to have child support raised as he may be misrepresenting his income and ask for a forensic accountant to go through all his stuff based on what appears to be a major mis-representation. If the 6 months elapses without him paying the full cash amount, she can file for contempt at that point (she can't file for contempt simply on his statement that he won't pay - she needs to give him the full 6 months unless there's evidence that he's hiding assets).
  #4  
Old 08-11-2009, 08:38 AM
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Join Date: May 2004
Posts: 41,337
Quote:
Originally Posted by debbie_123 View Post
What is the name of your state (only U.S. law)? Mo
Part of the property settlement is a cash settlement of just under $300,00. Divorce decree states he has 6 months to pay. Ex says he doesn't have the $ and wants me to accept $23,000 now and monthly payments of $2500 until paid which by his calculation would be the year 2024! He's threatening to take me back to court??? if I won't sign a document he prepared accepting these terms! Child support for 2 kids only $350 month because he told the court his monthly income is only $2000.00 He is self-employed. Obviously his income is far more than the $2000 he claimed. Divorce just final 2 weeks ago. Is there anyway a judge would force me to accept his terms? Thanks for any advice.
Where was the 300k to come from? Obviously the marital assets were disclosed in the divorce...so where was it to come from? I would prefer to know the answer to that before giving advice.
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