Spousal Support Question

[R2D2]

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

My divorce was final in September 2006, my ex never participated in any of the proceedings so a default judgment was entered awarding me $1000 a month for half of the life of the marriage. We were married for five years, even though Maine law only allows spousal support to be awarded for marriages of ten years or longer. My attorney and I stated that he made 200K a year even though he didn't, my attorney said that it was his maximum earning capacity. From his W2's for the past five years he hasn't made over 150K.We also have a daughter (I have full physical custody) who is now almost six years old, his wages were attached for child support, $1500 for the CS and $500 for arrears from the first year he failed to pay. The arrears is nearly paid back now. I have never pursued the spousal support. My ex has filed for a change of circumstances to get his CS lowered since he now has two babies with his new wife. In turn I filed a motion for contempt on the spousal support. I am also asking for interest on the unpaid spousal support, even though in Maine interest in not mandatory. Also, I am now engaged and living with my fiance.

My question is since I never pursued the spousal support will the judge take that as me laying down my right to it? Also, being that he has a two new children I don't see how he will be able to pay me what he owes. How do judges usually deal with this?

Thank you for any responses and any feedback is greatly appreciated.

 

[mistoffolees]

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

My divorce was final in September 2006, my ex never participated in any of the proceedings so a default judgment was entered awarding me $1000 a month for half of the life of the marriage. We were married for five years, even though Maine law only allows spousal support to be awarded for marriages of ten years or longer. My attorney and I stated that he made 200K a year even though he didn't, my attorney said that it was his maximum earning capacity. From his W2's for the past five years he hasn't made over 150K.We also have a daughter (I have full physical custody) who is now almost six years old, his wages were attached for child support, $1500 for the CS and $500 for arrears from the first year he failed to pay. The arrears is nearly paid back now. I have never pursued the spousal support. My ex has filed for a change of circumstances to get his CS lowered since he now has two babies with his new wife. In turn I filed a motion for contempt on the spousal support. I am also asking for interest on the unpaid spousal support, even though in Maine interest in not mandatory. Also, I am now engaged and living with my fiance.

My question is since I never pursued the spousal support will the judge take that as me laying down my right to it? Also, being that he has a two new children I don't see how he will be able to pay me what he owes. How do judges usually deal with this?

Thank you for any responses and any feedback is greatly appreciated.

Well, you probably could file for contempt, but before you do that, you ought to reconsider.

You said: "My attorney and I stated that he made 200K a year even though he didn't".

If you claimed that he made $200 K and knew that he didn't, you could be in HUGE trouble. Lying under oath is a felony. Aside from that, your providing the court with false information could easily make the felony award unenforceable.

 

[CJane]

So your motion for contempt was filed ONLY because he filed for a reconsideration of his child support obligation?

 

[R2D2]

Sorry, I left a few things out. It's been a long and arduous journey, I don't remember everything, but I just read through correspondence with my attorney so I can better explain here .... In 2009, 2 1/2 years after the divorce was finalized he filed a motion for relief and a motion to modify the divorce judgment. I filed an answer and a motion for contempt. We then filed a motion to consolidate all the motions which he agreed to. The judge denied his motion for relief, although he was allowed to present evidence during the hearing on the motion to modify regarding parental rights and responsibilities. He appealed and lost. While we were waiting for the appeal to be heard, we filed a motion to sever the the contempt, but it was denied. We have finally come to a point where we agreed to certain language being included in the stipulation. Now we are moving on to the financials, so that is where it stands today.


I am very worried that I forfeited my right to spousal support since I did not act on it. The reason they denied his motion for relief is because he waited so long. I am worried that that has set the precedence and I will be held to the same standard.

Again, sorry if if I wasn't more clear in the original post.

 

[R2D2]

Well, you probably could file for contempt, but before you do that, you ought to reconsider.

You said: "My attorney and I stated that he made 200K a year even though he didn't".

If you claimed that he made $200 K and knew that he didn't, you could be in HUGE trouble. Lying under oath is a felony. Aside from that, your providing the court with false information could easily make the felony award unenforceable.

I am worried because I did sign our 1040s every year we were married. I can't imagine that my attorney would lead me into something like this. WHat are the chances that I would actually be prosecuted? So this alone might make my award unenforcable?

 

[LdiJ]

I am worried because I did sign our 1040s every year we were married. I can't imagine that my attorney would lead me into something like this. WHat are the chances that I would actually be prosecuted? So this alone might make my award unenforcable?

I wouldn't worry too much about the 200k vs 150k. I just ran some numbers on a CS calculator for Maine and the difference between the two is tiny. I also think that issue would have arisen already in your case as far as child support is concerned if it was going to be a factor. After all, he was trying to get a downward modification therefore he certainly would have used that.

I also don't think that is necessarily a huge factor in the alimony either. You were awarded a pretty small amount comparitively speaking. I think that you are right that your bigger issue is the fact that you never acted to collect it. Therefore demonstrating that you didn't need it. However, its not been 10 or 20 years since the award, its been a little over 4.

 

[mistoffolees]

I wouldn't worry too much about the 200k vs 150k. I just ran some numbers on a CS calculator for Maine and the difference between the two is tiny.

That's not the issue. I don't care if it makes a 0% difference in CS or a 90% difference. The fact is that OP apparently knowingly lied on the forms she submitted to the court. That's perjury.

She should talk with an attorney before doing anything else. Maybe it doesn't matter, but I certainly wouldn't be sticking my head into a hornet's nest if it could blow up on her.

 

[LdiJ]

That's not the issue. I don't care if it makes a 0% difference in CS or a 90% difference. The fact is that OP apparently knowingly lied on the forms she submitted to the court. That's perjury.

She should talk with an attorney before doing anything else. Maybe it doesn't matter, but I certainly wouldn't be sticking my head into a hornet's nest if it could blow up on her.

The CS case is already done, appealed and ruled upon again. Its NOT going to come up for CS purposes again, its too late.

The only place its going to come up is potentially on the alimony, and with an award that small compared to his income, it may not matter there either. She apparently HAS an attorney who has been handling everything.

 

[mistoffolees]

The only place its going to come up is potentially on the alimony, and with an award that small compared to his income, it may not matter there either.

You don't get it.

It has nothing to do with how much alimony will be paid. It is perjury - and OP could be charged with perjury even if it doesn't make a penny's difference in how much alimony is assigned.

It's not a civil matter - it's a CRIMINAL matter.

 

[Mom_of_Two]

You don't get it.

It has nothing to do with how much alimony will be paid. It is perjury - and OP could be charged with perjury even if it doesn't make a penny's difference in how much alimony is assigned.

It's not a civil matter - it's a CRIMINAL matter.

I am curious because she stated that her ex never attended any of the hearings or contested any of the information and there was a default judgment. Without his cooperation they have to essentially try and figure out all of his information on there own, and his earning potential may well have been $200,000 before distribution to retirement accounts and such. I think he should have challenged this during the divorce if it wasn't so.

 

[R2D2]

The one thing he did do during the original proceedings was state that he made 100K a year, but he never showed any documentation. Shortly after that he stopped communicating with his attorney and his attorney dropped him. The retirement accounts are another point of contention. Although he had no retirement accounts before or during our marriage, I was awarded 50% of any retirement accounts and if he didn't respond within 30 days of the divorce being finalized he was to pay me $50,000 for my interest in any such accounts. This is another thing I am pursuing.

 

[nextwife]

The one thing he did do during the original proceedings was state that he made 100K a year, but he never showed any documentation. Shortly after that he stopped communicating with his attorney and his attorney dropped him. The retirement accounts are another point of contention. Although he had no retirement accounts before or during our marriage, I was awarded 50% of any retirement accounts and if he didn't respond within 30 days of the divorce being finalized he was to pay me $50,000 for my interest in any such accounts. This is another thing I am pursuing.

You know he didn't have retirement, yet you demand 50k for it? You know he didn't earn 200k yet you said he did? For a 60 month marriage? Shameful. You make me embarrassed for my gender.

 

[mistoffolees]

You know he didn't have retirement, yet you demand 50k for it? You know he didn't earn 200k yet you said he did? For a 60 month marriage? Shameful. You make me embarrassed for my gender.

Sadly, it's not just women who can be money-grubbing slime-dogs.

 

[R2D2]

I only want what was awarded to me in the divorce judgment, and I'm prepared to fight for it. He's already failed to pay me what he owes me, I think a judge will rule in my favor.

 

[LdiJ]

I only want what was awarded to me in the divorce judgment, and I'm prepared to fight for it. He's already failed to pay me what he owes me, I think a judge will rule in my favor.

Yes, its possible that a judge will rule in your favor, but particularly on the retirement accounts issue it would be grossly unfair to your ex.

You got a default judgement because he chose to run away instead of dealing with the divorce and because he did not take any action to correct the inaccuracies in a timely manner. Under normal circumstances I would consider it all his fault if he had to pay slightly more or lost his share of assets that really existed.

However, to attribute an asset to him that you know did not exist AT ALL...and then trying to enforce the payment of such, is really slimey, even if you would technically win.