I have just finished my divorce and bankruptcy all in the same week of November. Now the Trustee for the bankruptcy says we have an overpayment and has already sent me two checks with both names on it. My problem is that my exwife wants half of the overpayment. If she would have put half in, not a problem. Our Equitable Distribution order states that she would pay $546.98 and I would pay the remainder of $2198.02.
The Trustee stated the last four deposits, two from her and two from me, for those amounts that we were required to pay. The overage/refund is equal to those four deposits plus $50.
When we filed ch13 bankruptcy 5 years ago, we had agreed to take it out of my paycheck. When we seperated, and now I had more expenses for living, she refused to accept any of the bankruptcy debt.
My divorce attorney finally got me in front of a judge 8 months later. I had supplied my income and expense statement to his office the week prior, but somehow that failed to make it to court that day. The judge ordered that she would pay $700 of the $2745 a month that we owed. I was already in the red and now it was getting worse. Of course my attorney stated, "you should be happy I got you $700". Nine months later and not a dime in my direction from her, she was found guilty of contempt and finally starts giving me the $700.
With all of this, the child custody case and the guardian et litem fees that I still owe, and she knows this. The fees are already past due and my income has been dramatically reduced since my move to Texas last month. I cant afford anything right now and the money I need to pay the GAL is in a check that she won't sign. She is still in Virginia.
My Question, What are my options? Aggree and give her half. Maybe Small Claims Court?