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The injustice continues

Posted by on Apr. 8, 2016 at 12:43 PM
  • 4 Replies

Well. FJDOM was one year ago, FH has been contemptuous. There was an arduous and expensive legal road to obtain an enforcement order, but it was granted. Today, I receive an email from my attorney stating FH "has no assets to draw from" and I should hire a forensic accountant. Also, I would not be charged an additional retainer as a courtesy(?) I have no record of firing anyone.

What happened to enforcing the final judgement? Why must there be another round of court regarding this resolved matter?I am very confused and frazzled beyond words, so pardon me if this post is a bit confusing.

by on Apr. 8, 2016 at 12:43 PM
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Replies (1-4):
tottaxi
by Battle Weary on Apr. 8, 2016 at 1:00 PM
1 mom liked this

I seem to be doing a lot of heavy sighing while reading posts today.

A forensic account is very expensive.  Hiring one might just be throwing good money after bad.  Didn't ex have to submit a financial disclosure?  What is still owed you from the division of assets?

Waving an additional retainer...oh yeah.  This is what they don't tell you.  Any new action requires a new retainer.  That bomb was dropped on me a few years ago.  Once I realized that I would once again have to pay this half-assed attorney another retainer I figured it was time to go attorney shopping.  If we have to pay again, we may as well upgrade.

If he hasn't paid then I would think that you could just file contempt charges.  I agree, it is about enforcing the final judgement, not starting a new round of litigation.  You might want to go this on your own.  I was told recently that I could file for a "motion to show cause" which means that I could ask the judge for clarification about the court order...like "Am I understanding this correctly?"  Submit the issue that is problematic, ask the judge to make the determination whether it is worthy of a hearing and the judge brings it into the court room rather than you.

Smilesunshine66
by Bronze Member on Apr. 11, 2016 at 9:03 AM

Tottaxi thank you for your response. I've been frazzled since Friday. I had already hired a forensic accountant (fa), a recommendation from the SAME attorney, for the dissolution process. The fa was EXTREMELY expensive, and I am not willing nor able to pay another expert for this case.The FH remains contemptuous: he's defied any and all court orders. Thus, there hasn't been any division of marital assets, & court ordered monthly CS payments stopped again. FH paid the purge after he was found in contempt, nothing further. The arrears are mounting again, etc

I agree, all that is needed is to file contempt charges. I'm afraid to go pro se, as the ex has TWO lawyers who have been skilled in finding legal loopholes to hurt me financially and help him dodge three different CO. 

I wonder if a letter to the judge &/or attorney general would help? So confused

hotmama404
by New Member on Apr. 11, 2016 at 9:08 AM
1 mom liked this
I'm about to attend the FIFTH contempt charge for my ex. The 4th even stated if he doesn't follow what is ordered, jail is requested. Everything was granted and accepted by the judge. I have no idea why we are going to court AGAIN! It just gives him another opportunity to sneak in the payments, or just enough of, to stay out of jail. This is why he keeps thinking he doesn't have to follow court orders.
Smilesunshine66
by Bronze Member on Apr. 12, 2016 at 3:14 PM

I thought I was the only one! I'm in the same situation as you, hotmama404: The ex has been found in contempt many times as well, jail time is threatened, he throws a few coins ( a guise that he's trying to pay), and once we leave court, his  arrearage increases! The system is so flawed!

Quoting hotmama404: I'm about to attend the FIFTH contempt charge for my ex. The 4th even stated if he doesn't follow what is ordered, jail is requested. Everything was granted and accepted by the judge. I have no idea why we are going to court AGAIN! It just gives him another opportunity to sneak in the payments, or just enough of, to stay out of jail. This is why he keeps thinking he doesn't have to follow court orders.


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