Writ of Bodily attachment on ex-husband

[Rachel9575]

What is the name of your state? Florida
This is my situation.
ex-husband stopped paying alimony to me several years ago. He is a wealthy man and can afford to pay, but chooses not to.
I have a warrant or writ of bodily attachment against him, with a bond set at over 200k.
My questions to you is:
The current wife and him live out in the open. So we know where he is.
I have hired a private investigator to help catch him and I was wondering what the laws are for the state of florida.
First of all, If the Private investigator spots him in the house via video camera- can they contact the police for an arrest?
Secondly, can we arrest the current wife for harboring a fugitive? She has been lying for him for months. We have seen him in the house, but every time the police go to the door, she says he doesnt' live there.
Thirdly, where can I get updated case law for the state of florida?
Any help is greatly appreciated.
Thanks- Rachel

 

[skyspirit]

Huh??

Wouldn't it be FAR EASIER to get a job?

Sheeesh!

 

[VeronicaGia]

Wouldn't it be FAR EASIER to get a job?

Sheeesh!

Exactly! It's been, according to the poster, "several years" since he's paid. And if there is no warrant for his arrest, he is not a fugitive.

Get a job and a life!

 

[Rachel9575]

First of all, You do not know me from adam, only what I have posted about my situation.
I am a 65 year old woman who was married for 30 years. I raised three children and was a supportive wife to my husband, while he climbed the corporate ladder. I never worked outside of the home.
My life was my children and my home.. So for you two morons to pass judgment on me as if I am lazy and unwilling to work is stupidity on your part.
Secondly, Please read the post carefully.. There is a WARRANT against him for his refusal to pay me alimony. This means that he is in fact a FUGITIVE...
So my final remarks to both of you are:
Both of you need to get a life.. and stop passing judgment on others unless you have walked in their shoes....!

 

[skyspirit]

Ok, then...

First of all, You do not know me from adam, only what I have posted about my situation.
I am a 65 year old woman who was married for 30 years. I raised three children and was a supportive wife to my husband, while he climbed the corporate ladder. I never worked outside of the home.
My life was my children and my home.. So for you two morons to pass judgment on me as if I am lazy and unwilling to work is stupidity on your part.
Secondly, Please read the post carefully.. There is a WARRANT against him for his refusal to pay me alimony. This means that he is in fact a FUGITIVE...
So my final remarks to both of you are:
Both of you need to get a life.. and stop passing judgment on others unless you have walked in their shoes....!

Go ahead and wait around for your pie in the sky then...
Maybe your ship will come in one day, maybe it won't.

I have been in your shoes...sort of. I never wanted anything from my ex --except out. I can do this on my own, thank you very much!

Maybe you should have worked outside the home during the marriage at some point, or maybe you should have used that time to educate yourself so that when the skies fell, you'd be able to provide for yourself. You wouldn't be in your situation at all now--or maybe not as bad.

Personally, I know better than to rely on any human being to support me FOREVER. Nothing lasts forever but the stones.

Have a nice time waiting, and MERRY CHRISTMAS!

 

[kat1963]

Dang Betty!!!! It’s an arrest warrant, not a search warrant. They can’t enter without one!! So no, don’t expect the SWAT team to go busting down his door because you’re PI found him inside. He's simply not a danger to society.

Let go of the anger. Living well really IS the best revenge!

KAT

 

[Rachel9575]

They really should call this forum.. Free advice from idiots because that is pretty much all you get here.

For the previous posters to my original post:

There are two fundamental differences between my belief system and yours.

1) marriage is a Partnership between two people. The "Partnership" works together for the common good of the partnership. If the partnership fails for whatever reason, the assets accumulated during the partnership should be split 50/50.. Regardless!!

2) I believe that when a judge orders someone in Contempt of Court- that is a serious issue and not just a piece of paper.

We obviously do not agree with these fundamental issues. I grew up in a day and age when the law was to be respected and marriage was sacred. It is a shame how far away from that we have become.

As for the last post from the person from Virginia. Please limit your advice to the laws governing the state of Virginia. You do not know the laws of Florida because if you did you would know that Private investigators in Florida are given all reasonable means to bring into custody someone who has a warrant against him/her. Regardless of whether it is a civil or criminal matter.
Simplicity speaking: Hidden Cameras, arresting a spouse for harboring a fugitive, etc.
Please limit your "Free Advice" to those who live in the commonwealth of Virginia and if you care to give advice to someone in another state, may I recommend refreshing your memory on that particular states laws.

It has been said to me a couple times since I originally posted my message yesterday that I need to get a job and a life.
I have a job.. I am a business owner. As for a life. I have a wonderful life with many grandchildren and love.
The purpose for my action against my ex-husband is to get what I worked for all those years. I contributed just as much to the marriage as he did. This is not about revenge. This is about the law being respected and justice being served.

 

[Gracie3787]

They really should call this forum.. Free advice from idiots because that is pretty much all you get here.

For the previous posters to my original post:

There are two fundamental differences between my belief system and yours.

This is not about YOUR "belief system", it IS about what is LEGAL.

1) marriage is a Partnership between two people. The "Partnership" works together for the common good of the partnership. If the partnership fails for whatever reason, the assets accumulated during the partnership should be split 50/50.. Regardless!!

A 50/50 "partnership" (marriage) split is true ONLY IF and WHEN a JUDGE says so in a DIVORCE DECREE.

2) I believe that when a judge orders someone in Contempt of Court- that is a serious issue and not just a piece of paper.

Correct- however, as long as that ORDER ON CONTEMPT and WRIT OF BODILY ATTACHMENT are legal and signed by a Judge.[/B

As for the last post from the person from Virginia. Please limit your advice to the laws governing the state of Virginia.
Please limit your "Free Advice" to those who live in the commonwealth of Virginia and if you care to give advice to someone in another state, may I recommend refreshing your memory on that particular states laws.

Wow, if you wanted advice from ONLY FLORIDIANS- why the hell did you even post a question here instead of using a FLORIDA attorney? BTW- that poster is correct- the police WILL NOT break down your ex's door.

This is about the law being respected and justice being served.

Maybe if YOU try showing some respect to others, you might recieve some respect in return.

BTW- I am in Florida and have alot of knowledge about Fl family laws.

 

[Nick P]

My question is... if you own a business, why then do you need the support? Surely, if you have the money to go to the expense to hire a PI, your not doing bad in the financial areas. What would happen to you if he died? From the sound of your tone, you'd sue his estate. It does sound like revenge and your mad because he is living his life with his new wife and you want revenge on her too. Let's be honest, it's not really about the law for you. Your mad as hell and you still are not over the divorce. For God sake! You have children together and the way you are acting, it affects them too. They might not say it, but it does.

My girlfriend was in a marriage for 22 years in Florida. She didn't bother to ask for support and he was well off. She said that she was able to support herself and decided to go back to school to be a nurse while she worked as a waitress. There something to be said and respected about her attitude.

As far as your ex-husband goes, he might be able to have your spousal support stopped if he can show you are now able to take care of yourself being a business owner and all.

If the PI has the right to arrest as much as the police (as you said), then why hasn't he gotten a warrant to enter the house to arrest him?

As far as this form goes... I haven't seen anyone claim to be an attorney. It's a message board and sometimes you may not like the advice given. Just take it for what it is... ADVICE and sometimes anothers point of view.

It's obivious you posted here to get legal help. Better for you to contact an attorney and maybe a therapist wouldn't hurt either.

 

[skyspirit]

Alrighty, then...

They really should call this forum.. Free advice from idiots because that is pretty much all you get here.

For the previous posters to my original post:

There are two fundamental differences between my belief system and yours.

1) marriage is a Partnership between two people. The "Partnership" works together for the common good of the partnership. If the partnership fails for whatever reason, the assets accumulated during the partnership should be split 50/50.. Regardless!!

*****How is alimony a 50/50 split?? That is supposed to be sustinence for those that can't provide for themselves. A dependant. You hired a friggin' Private Investigator!! Apparently, you CAN provide for yourself. Sounds to me like a REVENGE tactic. It is people like you that TAKE ADVANTAGE of the system that really screw up the system for others that REALLY NEED IT.



2) I believe that when a judge orders someone in Contempt of Court- that is a serious issue and not just a piece of paper.


*****Maybe you should force the issue with the court.


We obviously do not agree with these fundamental issues. I grew up in a day and age when the law was to be respected and marriage was sacred. It is a shame how far away from that we have become.

As for the last post from the person from Virginia. Please limit your advice to the laws governing the state of Virginia. You do not know the laws of Florida because if you did you would know that Private investigators in Florida are given all reasonable means to bring into custody someone who has a warrant against him/her. Regardless of whether it is a civil or criminal matter.
Simplicity speaking: Hidden Cameras, arresting a spouse for harboring a fugitive, etc.
Please limit your "Free Advice" to those who live in the commonwealth of Virginia and if you care to give advice to someone in another state, may I recommend refreshing your memory on that particular states laws.

It has been said to me a couple times since I originally posted my message yesterday that I need to get a job and a life.
I have a job.. I am a business owner. As for a life. I have a wonderful life with many grandchildren and love.

*********THEN MOVE ON!!!


The purpose for my action against my ex-husband is to get what I worked for all those years. I contributed just as much to the marriage as he did. This is not about revenge. This is about the law being respected and justice being served.

Move on with your life. Let go of the anger you apparently feel. Contact the court and force the contempt. Good Luck.

 

[Rachel9575]

Update on Writ of Bodily Attachment

Hello everyone!
Just wanted to give an update on my situation.

We were successful in having my ex-husband arrested this week.

For all of you out there that feel I am vindictive and full of revenge. You are entitled to your opinion. But I must state, getting revenge was not what this was about. This was about the law being upheld and justice being served.

I sought after what was rightfully mine after being married for all those years. My ex-husband and I worked together as Partners. I held his hand and supported him while he climbed the corporate ladder and cared for our children. I was a homemaker and wife and honestly enjoyed every minute of it. My ex-husband and children were my life. My Children and Grandchildren are still my life.

I do not get satisfaction in seeing my ex-husband sitting behind bars at Christmas time. If anything, this makes me very sad. But the fact of the matter is: He was ordered by the courts to pay alimony to me and he did not abide by the court order, which has resulted in this action against him.

For all of you out there that have given up fighting the system. I cannot stress enough to you to continue your fight.. ! It will not be easy but in the end, it will give resolve to the situation so that everyone involved can get on with their lives.
I wish all of you a Safe, Merry Christmas.. and may the Lord bless you all.
Rachel

 

[LdiJ]

Hello everyone!
Just wanted to give an update on my situation.

We were successful in having my ex-husband arrested this week.

For all of you out there that feel I am vindictive and full of revenge. You are entitled to your opinion. But I must state, getting revenge was not what this was about. This was about the law being upheld and justice being served.

I sought after what was rightfully mine after being married for all those years. My ex-husband and I worked together as Partners. I held his hand and supported him while he climbed the corporate ladder and cared for our children. I was a homemaker and wife and honestly enjoyed every minute of it. My ex-husband and children were my life. My Children and Grandchildren are still my life.

I do not get satisfaction in seeing my ex-husband sitting behind bars at Christmas time. If anything, this makes me very sad. But the fact of the matter is: He was ordered by the courts to pay alimony to me and he did not abide by the court order, which has resulted in this action against him.

For all of you out there that have given up fighting the system. I cannot stress enough to you to continue your fight.. ! It will not be easy but in the end, it will give resolve to the situation so that everyone involved can get on with their lives.
I wish all of you a Safe, Merry Christmas.. and may the Lord bless you all.
Rachel

I will tell you...flat out...that you were 100% in the right. A judge didn't award you alimony "for fun". A judge awarded that to you because the judge felt you were entitled to recieve it. After 30 years of marriage I also happen to agree. If his butt in in jail its his own fault. (assuming that some major disaster didn't cause him to be unable to pay)

 

[gatorguy3]

Re: Writ with Bodily Attachment on ex-husband

State: Florida

From personal experience I can tell you a couple things about this Writ.

First, although it is similar to a warrant, it is NOT a warrant. It serves the same purpose of a warrant but it is an order for "immediate" pickup of the person listed on the writ. A person can have a warrant issued on them and they may never be picked up.

Secondly, there is not a "bond" placed with this Writ. A Writ with Bodily attachment has a "purge" amount associated with it. Usually, it is an amount the judge orders because of a "contempt of court" order due to not abiding by the Alimony/Child Support order. If he is arrested, he will be able to "purge" out by paying that amount--usually nowhere near what he owes in back Alimony support.

A bond, on the other hand, can be processed through a bondsman, thus only a percentage (Usually10%) being paid by the offender. The bond is only a promise to appear in court on a certain date for hearing.

Thirdly, and most importantly, is the fact that even if arrested, he will typically not spend more than a week in jail, and then he will be put before the judge who issued the order. In many cases, the judge will ask why he has not paid, what his intentions are to pay, and then release him on his word he will pay. So, even though he goes through the motions, there is no guarantee you will see any money anytime soon.

Good luck.

 

[gatorguy3]

Re: Writ of Bodily Attachment on ex-husband

Further thoughts on the topic of Alimony.

I can appreciate that you spent 30 years caring for the family that you were a 50/50 partner in. However, after divorce there should be a responsibility on your part to care for yourself. Why do you feel your "EX" husband should support you after a divorce? The children are no longer needy (under 18).

I agree, respectfully, with the others who have made their voices heard. I disagree with many things to do with Support and Alimony. Child support is loaded such that it allows for the "custodial parent" to be a lazy non contributor to society.

If your ex made $100 per week would you go after him with such efforts as you do now? Do you really think he would not have climbed the corporate ladder had he been single and not in your company? I know it is speculative at this point but I dare to say there is a greater chance he would have done the same if single. Why is he to blame for your not contributing to society by getting a job outside the home?

Anyway, I do not mean to be hateful, just looking at all sides.