Sw3tflower
Member
Calif
Not by choice, but 2 weeks before the court date on a contempt charge I filed against my husband, I am representing myself.
Several months after I served him the divorce papers, he liquidated our entire Pension Profit Sharing Fund. That was a big part of our retirement. We were married nearly 30 years. I don't have alot of time to save till retirement now.
Exactly what information do I need to have? What do I bring to court? Do I have to prove the charge or does he have to disprove it? He will have his own criminal attorney with him.
How do I present the contempt charge to the judge? Do I need to just show the fact that the fund was there, he ordered a directive to liquidate, and the money is now gone? Does it help or hurt my case if I say that was money I depended on for my retirement?
What kind of defense is there against a charge like this? I want to be prepared for what he might come up with. I know if he proves it was used for necessary living expenses, or to preserve the community assets, then using the fund is ok......Our home was just short sold and he had not paid the mortgage or property taxes since 2008. Would that be enough proof that he was not preserving the assets by liquidating the fund? He did not use the money for my attorney, but he used some for his attorney. Would that be considered an appropriate use of the Pension funds....used for his benefit but not mine?
Please help. I only have 2 weeks to prepare.....or drop the charge.What is the name of your state (only U.S. law)?
Not by choice, but 2 weeks before the court date on a contempt charge I filed against my husband, I am representing myself.
Several months after I served him the divorce papers, he liquidated our entire Pension Profit Sharing Fund. That was a big part of our retirement. We were married nearly 30 years. I don't have alot of time to save till retirement now.
Exactly what information do I need to have? What do I bring to court? Do I have to prove the charge or does he have to disprove it? He will have his own criminal attorney with him.
How do I present the contempt charge to the judge? Do I need to just show the fact that the fund was there, he ordered a directive to liquidate, and the money is now gone? Does it help or hurt my case if I say that was money I depended on for my retirement?
What kind of defense is there against a charge like this? I want to be prepared for what he might come up with. I know if he proves it was used for necessary living expenses, or to preserve the community assets, then using the fund is ok......Our home was just short sold and he had not paid the mortgage or property taxes since 2008. Would that be enough proof that he was not preserving the assets by liquidating the fund? He did not use the money for my attorney, but he used some for his attorney. Would that be considered an appropriate use of the Pension funds....used for his benefit but not mine?
Please help. I only have 2 weeks to prepare.....or drop the charge.What is the name of your state (only U.S. law)?