crazyeights
Member
What is the name of your state (only U.S. law)? Mi
What is the name of your state (only U.S. law)? Mi
I received today, a "Request for Hearing on a Motion" (PAECIPE) ORDER/JUDGEMENT. In it, it states that following...
1. Motion Title: Convert Separate Maintenance
2. Moving Party: Defendant
3. Please place on the motion calendar for:
Judge..XXXX Date: 7/29/2011 Time: 8:30am
4. I certify that I have made personal contact with (left blank) on (left blank) regarding concurrence in relief sought in this motion and that concerence has been denied on (left blank) regarding concurrence in relief sought in this motion and that concurrence has been denied or that I have made diligent attempts to contact counsel regarding concurrence with motion.
Date 7-14-2011 Attorney XXXXX Bar XXXX.
ORDER/JUDGEMENT
(Everything is left blank under this category)
Motion to Convert Judgment of Separate Maintenance to Judgment of Divorce and Related Issues
Defendant states that the following in support of his motion:
1. That a Consent Judgment of Separate Maintenance was entered in this matter on March 25, 2010.
2. That defendant would now like to be divorced from plaintiff and would like this judgment converted to a Judgment of divorce.
Side Note: We went though mediation for the terms of our decree. It was agreed that at any time he or I would like a complete divorce that we would file the papers ourselves. In the meantime, this helped me until I had reasonable access to affordable health care, which I don't have yet but I agree that this was a very nice thing for him to help me with. Now though, his girlfriend (one of our past neighborhood friends) is having a hard time with this, but who really knows what the motive is as I don't believe he has any plans on remarrying. I prefer to stick with the facts though.
3. That the judgment of Separate Maintenance contains provisions which orders Defendant to pay Plaintiff modifiable spousal support in the amount of XXXX per month for 6 years. (It was an almost 17 year marriage)
4. That circumstances have changed, as follows, to warrant a change in the amount of spousal support that should be paid by Defendant to Plaintiff:
a. Plaintiff was unemployed when Judgment of Divorce was entered; Plaintiff is now earning in the excess of 28,000.00 per year.
Side Note: We started mediation the end of Nov 2010. Through a personal friend, I got a temp job on Dec 2nd, 2009 making $12 hour(outside of my field when I was working 14 years prior). Our mediation was completed just before xmas and everything was filed as we waited for a hearing. During this time, they hired me permanently on Jan 18th (with no raise). I immediately went to our lawyer and ex to let them know of my new status and asked if he wanted to recalculate CS and SS. He denied this request. Told myself and my lawyer that this was not needed. Because of my new job though, I agreed (verbally) to pay all the girls extra expenses as he was ordered to pay 90% and me 10% (medical, curricular, etc) and pay the one bill ($220) that was asked of him to pay in the decree which I have been doing faithfully except for my daughters recent camp where I asked him to help pay because of other circumstances.
b. At the time of Judgment, Plaintiff was living in the marital home with the minor children and Defendant wanted to pay Plaintiff enough money to allow the minor children to continue staying in the marital home. Plaintiff has now vacated the home.
Side Note: In the decree, I agreed to stay there for one year with the option of two years while paying all the bills. During this time, he criticized me for living in a huge mansion when he lived at his dads (who actually lived in Tennessee at the time). I was tired of the criticism and to be honest, I could not maintain a 3000 sq ft home while working fulltime. I decided in the end of November to list the house and he completely agreed. I put my own money into making that house attractive after that and even before, I made all the new counter tops myself as the old was very outdated. I did what I could to make the most we could on that house. It needed painting and a little updating when we initially moved in. It ended up selling in three days for close to asking price when I thought it might take months. It was him who had to sign all the paperwork etc. as it was his name on the mortgage. In the meantime, I was caught with no where to live but found a condo in the same neighborhood to rent until I could find a new home for me and the girls. This kept our girls in the same school district as there is only one apartment complex to rent in this district. (Small town, they only have two bdrms apts which is fine but there was no vacancy at the time). Another reason for selling the house is that it was in his name only and I thought it would be a good thing to free up his credit as 190k was owed on the house. I moved out of the house Jan 1st. Three months shy of the one year agreement.
c. Plaintiff was awarded a 100% interest in defendants retirement account at the time of separate maintenance action. The amount of approximately 60K was given to plaintiff because she was unemployed, in order to allow her to support the minor children and herself in the marital home. None of the retirement amount was awarded to Defendant.
Side Note: The total retirement at the time of legal separation was approx 86K which half was mine to begin with. His portion was 43K minus his half (13K)of the martial debt that I took on (his name was taken of off all credit card accounts) plus the amount of taxes that were realized in taking this money out to pay it. This left approx. 26k. After our “divorce” he needed money to buy a car so I told him that he could have his IRA back which was 6k. This left 20k that he gave to me extra. More than half of that helped me to afford to stay in the marital home and provide what the girls needed without asking him to contribute. Not only that, he was suppose to place my name on the deed (it was suppose to have been done when we bought the house in 2008 but was overlooked) so that I could claim the amount I paid in property tax and mortgage interest (there is case law that supports this) but he didn’t and took the deduction for something he didn’t pay and that cost me about $2500. Granted he may have ultimately paid it BUT in the beginning of our divorce he told me that I could just have all the retirement and there were no stipulations at that time. He just wanted me gone. When it came convenient for him, he placed stipulations. (He was messing around on me for a year before our move into the new house with an employee. He is a software engineer manager and obtained his Bachelors and Masters while we were married. And before our marriage ended, he hired our mutual friend (now his gf). Not relevant but there are always motives for what people do and say).
What is the name of your state (only U.S. law)? Mi
I received today, a "Request for Hearing on a Motion" (PAECIPE) ORDER/JUDGEMENT. In it, it states that following...
1. Motion Title: Convert Separate Maintenance
2. Moving Party: Defendant
3. Please place on the motion calendar for:
Judge..XXXX Date: 7/29/2011 Time: 8:30am
4. I certify that I have made personal contact with (left blank) on (left blank) regarding concurrence in relief sought in this motion and that concerence has been denied on (left blank) regarding concurrence in relief sought in this motion and that concurrence has been denied or that I have made diligent attempts to contact counsel regarding concurrence with motion.
Date 7-14-2011 Attorney XXXXX Bar XXXX.
ORDER/JUDGEMENT
(Everything is left blank under this category)
Motion to Convert Judgment of Separate Maintenance to Judgment of Divorce and Related Issues
Defendant states that the following in support of his motion:
1. That a Consent Judgment of Separate Maintenance was entered in this matter on March 25, 2010.
2. That defendant would now like to be divorced from plaintiff and would like this judgment converted to a Judgment of divorce.
Side Note: We went though mediation for the terms of our decree. It was agreed that at any time he or I would like a complete divorce that we would file the papers ourselves. In the meantime, this helped me until I had reasonable access to affordable health care, which I don't have yet but I agree that this was a very nice thing for him to help me with. Now though, his girlfriend (one of our past neighborhood friends) is having a hard time with this, but who really knows what the motive is as I don't believe he has any plans on remarrying. I prefer to stick with the facts though.
3. That the judgment of Separate Maintenance contains provisions which orders Defendant to pay Plaintiff modifiable spousal support in the amount of XXXX per month for 6 years. (It was an almost 17 year marriage)
4. That circumstances have changed, as follows, to warrant a change in the amount of spousal support that should be paid by Defendant to Plaintiff:
a. Plaintiff was unemployed when Judgment of Divorce was entered; Plaintiff is now earning in the excess of 28,000.00 per year.
Side Note: We started mediation the end of Nov 2010. Through a personal friend, I got a temp job on Dec 2nd, 2009 making $12 hour(outside of my field when I was working 14 years prior). Our mediation was completed just before xmas and everything was filed as we waited for a hearing. During this time, they hired me permanently on Jan 18th (with no raise). I immediately went to our lawyer and ex to let them know of my new status and asked if he wanted to recalculate CS and SS. He denied this request. Told myself and my lawyer that this was not needed. Because of my new job though, I agreed (verbally) to pay all the girls extra expenses as he was ordered to pay 90% and me 10% (medical, curricular, etc) and pay the one bill ($220) that was asked of him to pay in the decree which I have been doing faithfully except for my daughters recent camp where I asked him to help pay because of other circumstances.
b. At the time of Judgment, Plaintiff was living in the marital home with the minor children and Defendant wanted to pay Plaintiff enough money to allow the minor children to continue staying in the marital home. Plaintiff has now vacated the home.
Side Note: In the decree, I agreed to stay there for one year with the option of two years while paying all the bills. During this time, he criticized me for living in a huge mansion when he lived at his dads (who actually lived in Tennessee at the time). I was tired of the criticism and to be honest, I could not maintain a 3000 sq ft home while working fulltime. I decided in the end of November to list the house and he completely agreed. I put my own money into making that house attractive after that and even before, I made all the new counter tops myself as the old was very outdated. I did what I could to make the most we could on that house. It needed painting and a little updating when we initially moved in. It ended up selling in three days for close to asking price when I thought it might take months. It was him who had to sign all the paperwork etc. as it was his name on the mortgage. In the meantime, I was caught with no where to live but found a condo in the same neighborhood to rent until I could find a new home for me and the girls. This kept our girls in the same school district as there is only one apartment complex to rent in this district. (Small town, they only have two bdrms apts which is fine but there was no vacancy at the time). Another reason for selling the house is that it was in his name only and I thought it would be a good thing to free up his credit as 190k was owed on the house. I moved out of the house Jan 1st. Three months shy of the one year agreement.
c. Plaintiff was awarded a 100% interest in defendants retirement account at the time of separate maintenance action. The amount of approximately 60K was given to plaintiff because she was unemployed, in order to allow her to support the minor children and herself in the marital home. None of the retirement amount was awarded to Defendant.
Side Note: The total retirement at the time of legal separation was approx 86K which half was mine to begin with. His portion was 43K minus his half (13K)of the martial debt that I took on (his name was taken of off all credit card accounts) plus the amount of taxes that were realized in taking this money out to pay it. This left approx. 26k. After our “divorce” he needed money to buy a car so I told him that he could have his IRA back which was 6k. This left 20k that he gave to me extra. More than half of that helped me to afford to stay in the marital home and provide what the girls needed without asking him to contribute. Not only that, he was suppose to place my name on the deed (it was suppose to have been done when we bought the house in 2008 but was overlooked) so that I could claim the amount I paid in property tax and mortgage interest (there is case law that supports this) but he didn’t and took the deduction for something he didn’t pay and that cost me about $2500. Granted he may have ultimately paid it BUT in the beginning of our divorce he told me that I could just have all the retirement and there were no stipulations at that time. He just wanted me gone. When it came convenient for him, he placed stipulations. (He was messing around on me for a year before our move into the new house with an employee. He is a software engineer manager and obtained his Bachelors and Masters while we were married. And before our marriage ended, he hired our mutual friend (now his gf). Not relevant but there are always motives for what people do and say).
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