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Omissions in final judgement pro-se

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mksmith1308

Junior Member
What is the name of your state (only U.S. law)? Florida

Our divorce was filed pro-se my exhusband insisted on preparing all the paperwork and all I needed to do was sign. We were married 16 years before separating three children. I allowed him everything down to no spousal support or child support. He was in a rush to get the final judgement and left many crucial items out for instance, child care expenses, summer camp expenses and college funds who would pay. He simply noted that we have been separated for over a year and had already divided everything the only items he noted were, his responsibility for health insurance and that we would split any medical cost that would not be covered by insurance.

I am the sole owner of three college funds. Currently un-employed and needed to cash in two of them to set on reserve to cover my mortgage to keep from loosing my house until employed again. He received notification that the funds had been cancelled and threatened to file an injunction to keep me from using the money and told me that I was to give him the checks and sign over ownership to him. I told him no and put the checks in the bank and used some of the money for two mortgage payments. Does he have any right to legal remedies to attach himself to these funds which I am the owner.What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Florida

Our divorce was filed pro-se my exhusband insisted on preparing all the paperwork and all I needed to do was sign. We were married 16 years before separating three children. I allowed him everything down to no spousal support or child support. He was in a rush to get the final judgement and left many crucial items out for instance, child care expenses, summer camp expenses and college funds who would pay. He simply noted that we have been separated for over a year and had already divided everything the only items he noted were, his responsibility for health insurance and that we would split any medical cost that would not be covered by insurance.

I am the sole owner of three college funds. Currently un-employed and needed to cash in two of them to set on reserve to cover my mortgage to keep from loosing my house until employed again. He received notification that the funds had been cancelled and threatened to file an injunction to keep me from using the money and told me that I was to give him the checks and sign over ownership to him. I told him no and put the checks in the bank and used some of the money for two mortgage payments. Does he have any right to legal remedies to attach himself to these funds which I am the owner.What is the name of your state (only U.S. law)?
Was your divorce finalized within the last 10 days?
If it was, you can file a motion for clarification, but you need to file before the 10 day period has elapsed.

If it has been more than 10 days, you'll need to file a petition for modification to get those issues added to the order.
 

Ronin

Member
I am the sole owner of three college funds.
If the final judgment does not address these funds, and you are the sole owner of these funds, then they are yours to do as you wish with them.

If it has been more than 10 days, you'll need to file a petition for modification to get those issues added to the order.
I disagree with this, since a final judgment disposes of all issues related to the divorce at the time the decree is signed. One cannot go back and raise new issues that could have been addressed prior to the judgment, but were not a result of oversight or neglect by either party. Modification is for anything that may have changed since the judgment, and these funds would not qualify as such.
 

mistoffolees

Senior Member
I disagree with this, since a final judgment disposes of all issues related to the divorce at the time the decree is signed. One cannot go back and raise new issues that could have been addressed prior to the judgment, but were not a result of oversight or neglect by either party. Modification is for anything that may have changed since the judgment, and these funds would not qualify as such.
Unless ex can argue that he didn't know about the funds and they were hidden from him. If that's the case, he might be able to reopen the property division. I don't have any idea whether that applies in this particular case, of course.

It's also fairly expensive. They'd better be pretty substantial college funds to be worth the effort - even if he CAN argue that she hid them from him.
 

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