K
Kmciras
Guest
I will try to be brief, but this is quite a story.
My husband and his ex-wife have been battling in the Probate Court system from Sept 98 until now regarding support for their daughter who is over 18. In Sept 98 his support was dramatically increased and he was ordered to pay 1/2 of college expenses towards her attendance at a specific school. From 9/98 to 4/99 there was a dispute over money owed between the two - there was an overpayment of support and an uderpayment of college expenses. She was also asking for 1/2 of a computer expense that she claimed he agreed to pay for (not). The court settled the money owed between them - he ended up writing her a check. The court denied contribution towards the computer expense. One month later she took him to Small Claims Court for the exact same expenses... tuition, computer and won a judgment for $800??? He never appealed.
Within the following 3 months, she received $2100 from DOR that was incorrectly taken from him. She returned only $600 of that money and refused to give back the rest. Because of that, the Small Claims judgment was "technically" paid.
They again just received a judgment from the Probate Court that orders her to pay that $1500 back (which she hasn't yet). Within days of receiving that judgment, we receive a Notice To Show Cause Hearing from the Small Claims Court - she is now bringing him in for contempt, claiming he never paid the judgment.
Does the fact that she has kept $1500 of his money wrongfully, from 5/99 to date, matter here?
I would also like to know if he can file a claim requesting that the money she received for that judgement be returned to him. We have clear proof that this issue was settled in Probate Court, 1 month earlier. Does a ruling from another court previous to this ruling have any bearing on this? Do you think the court will see her as abusing the system by bouncing from one to another... not to mention we have already spent $1,000's.
I have another issue pertaining to this case that I would love to ask about, but I thought this one was long enough for now. I apologize for the length. Any advise is appreciated.
My husband and his ex-wife have been battling in the Probate Court system from Sept 98 until now regarding support for their daughter who is over 18. In Sept 98 his support was dramatically increased and he was ordered to pay 1/2 of college expenses towards her attendance at a specific school. From 9/98 to 4/99 there was a dispute over money owed between the two - there was an overpayment of support and an uderpayment of college expenses. She was also asking for 1/2 of a computer expense that she claimed he agreed to pay for (not). The court settled the money owed between them - he ended up writing her a check. The court denied contribution towards the computer expense. One month later she took him to Small Claims Court for the exact same expenses... tuition, computer and won a judgment for $800??? He never appealed.
Within the following 3 months, she received $2100 from DOR that was incorrectly taken from him. She returned only $600 of that money and refused to give back the rest. Because of that, the Small Claims judgment was "technically" paid.
They again just received a judgment from the Probate Court that orders her to pay that $1500 back (which she hasn't yet). Within days of receiving that judgment, we receive a Notice To Show Cause Hearing from the Small Claims Court - she is now bringing him in for contempt, claiming he never paid the judgment.
Does the fact that she has kept $1500 of his money wrongfully, from 5/99 to date, matter here?
I would also like to know if he can file a claim requesting that the money she received for that judgement be returned to him. We have clear proof that this issue was settled in Probate Court, 1 month earlier. Does a ruling from another court previous to this ruling have any bearing on this? Do you think the court will see her as abusing the system by bouncing from one to another... not to mention we have already spent $1,000's.
I have another issue pertaining to this case that I would love to ask about, but I thought this one was long enough for now. I apologize for the length. Any advise is appreciated.
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