The MSA says "it is non modifiable" but he does not pay

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Latest post 01-23-2012 5:45 PM by Friendsarewelcome. 4 replies.
  • 01-23-2012 2:48 PM

    The MSA says "it is non modifiable" but he does not pay

    My ex has a court order (MSA) to pay me monthly for 2 years. He paid once 8 months ago...  I can not find a job, out of money. The MSA says "it is non modifiable" and it says I will never ask for more. Now, he is lying - he is getting paid through third company (he is a placement agent so it is 5 figures every month). He many times told me that he wanted sex after we divorced. Now he is sending me emails and text messages asking if I wan sex. I moved out and he got the house. Hundreds of thousands he made during our marriage he spent (including on girlfriends). He would not provide any bank statements to support his claim that he has no money (just his word! and CFS with no supporting documents) and I can not contact his banks or business partners because in MSA there is provision that I can not contact them as it "can harm  his ability to earn a living"... We had a court date but his attorney (very expensive one) filed  that he could not come. So we got another day 3 weeks later! I am afraid they will do it again and again so that I struggle (it gives him pleasure to know that I am in a difficult situation). I think he would rather spend those money on lawyers then give me a penny...  I have an attorney but we just can not keep up with my ex - they file motion after motion and it is costly to do research etc. Now they filed motion to amend the MSA. Can the judge (same divorced us) change the MSA? And how can get SOMETHING soon?

  • 01-23-2012 3:02 PM In reply to

    • Drew
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    Re: The MSA says "it is non modifiable" but he does not pay

    If he is not paying as ordered--then to modify an order makes no sense --the point is to get court to squeeze him to pony up exactly as ordered?

    He is entitled to make use of every rule in the book--its up to your attorney to out play his attorney  sorry but there is no other easy answer --you need an equal or better gladiator on the field at all critical times-----



  • 01-23-2012 3:40 PM In reply to

    Re: The MSA says "it is non modifiable" but he does not pay

    If there is an order he pays and he fails to pay, your attorney needs to file for enforcement, show cause, or contempt.  His attorney can stretch this out for months and I am guessing he is hoping you will run out of funds to pay your attorney. Your attorney needs to seek financial remedies (your ex to pay your attorneys fees) because you had to file a motion to enforce an order.

  • 01-23-2012 4:55 PM In reply to

    Re: The MSA says "it is non modifiable" but he does not pay

    "He many times told me that he wanted sex after we divorced. Now he is sending me emails and text messages asking if I wan sex. I moved out and he got the house.   Hundreds of thousands he made during our marriage he spent (including on girlfriends). "

    I'm not sure what any of this has to do with the legal issue presented in your post.

    Given how long you waited, I can't imagine why a few delays would be a huge thing, but your attorney can ask the court not to allow any more continuances as to the underlying motion for contempt.

    Have no idea what kind of motions your husband is filing, but it may be that you should hire a different attorney if they have to research each one. 

    Ultimately, the court will almost certainly not entertain any demand that the settlement agreement be changed, because it's a private contract between the parties and courts are loathe to interject themselves into such things.  His being out of work is not a good enough reason.

    Your attorney is best source of advice, and if (s)he is acting as though this is something that needs stringing along then, again, you might want to talk with a different attorney to do at least an anonymous peer review of what your attorney is doing.

  • 01-23-2012 5:45 PM In reply to

    Re: The MSA says "it is non modifiable" but he does not pay

     

    The judge I believe thinks that my ex is a decent citizen so I think blackmailing me with demands for sexual favors is not something decent would do...

    Anyway, my attorney says we need to prove that my ex had a means to pay but did not pay and if we prove then judge will put him to jail, otherwise I will just get a summary judgment at the end of two years which is quite a pain to convert into money.

    This is my second attorney. The first one presented me with MSA at 4 pm on Friday on the day when the deposition was supposed to be taken (the lady who would record it have left without me even knowing it) and on Monday we had a court day to decide about divorce. I had nothing else but to sign MSA but was very upset with that lawyer who told me that "my ex would pay even on the death bed", well, my ex  is skiing in Aspen...

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