posted
Hi, I was searching for my daughters birth certificate and came across the final decision for my divorce.
I was thumbing through it and say something that I am not sure how I or my attorney missed! I have been susposed to be receiving $400 a month for the last 3 years in spousal support!
I also was suposed to recieve a payment within one year of the decision for $43,500.00. I have not received a dime of that either.
I contacted my attorney but it appears he may no longer be practicing. I also called the courthouse and they said I would need to file for contempt.
I am not sure what to do...The divorce was nasty to begin with. He has been trying to reopen the custody case and try for joint custody. He has always paid the child support on time.
Not sure if I am opening a can of worms that may backfire and really dont want to go to court again. My head is spinning right now as it is a good amount of money. Any Advice?
Thanks, Ann
-------------------- If you keep doing nothing...nothing changes!
we do have many lawyer members here; hopefully 1 of them could send you a PM with some tips of what to do.
i'm sure there are links all over too; try google 1st; you may find a wealth of info while you are waiting to start guiding you in the right path.
me....i'd go for the money for you & child!! xoxox
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TF
Frequent Contributor (5K+ posts)
Member # 14183
posted
If your previous attorney is no longer practicing, make an appointment with a new attorney (one who specializes in divorce and child custody) to discuss all this.
You may never have to go to court to get the money. Ask the attorney. It may be that he just has to file certain motions and submit certain evidence and your ex would be asked to submit evidence that he paid you, which he won't be able to do.
Then, you may be able to get his wages attached (garnishment) and a certain amount automatically sent to you until the back money is finally paid.
Ask the attorney.
Posts: 9931 | From Maryland | Registered: Dec 2007
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posted
I saw that your atty did call you back. As an atty (but I am a prosecutor), I would ask your atty who you stated called you back AND get a second opinion as well. Normally, I would recommend simply fighting the fight to get the money that you are clearly owed; however, you do need to balance this with the custody issue. This is extremely unfortunate that your ex may want to try to punish you by using the kids, but some people make awful decisions. I wish you the absolute best. Good luck!
Posts: 18 | From Plover, WI | Registered: Jul 2009
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