Late and unpaid Spousal Support

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Latest post Wed, Jul 19 2006 12:07 PM by Fxston. 5 replies.
  • Mon, Jul 17 2006 6:46 PM

    • sbunz
    • Not Ranked
    • Joined on Fri, May 5 2006
    • Posts 5

    Late and unpaid Spousal Support

    Oregon
    Contempt of Court?
    Is this the only resource for collecting arrears?
    What happens at the hearing after you file?
    All this makes me nervous.


    Married 27+ years, unexpected divorce, at least to me it was, Ex had GF right under my nose, trusting person that I am.
    Did a dumb thing and allowed him to do a "Do it yourself Divorce" I was in a state of shock and mostly didn't get anything in the divorce except the SS and some stuff, furniture, my clothes etc. From the time of divorce he'd say things like, my friends say I'm paying you too much in SS, HUH?, he wrote it up, or get a job, and that's coming from the new wife, I had a job that I was almost ready to retire from.

    Now, I live in another state and the payments started getting later and later, I've had to call and ask where my check was, I've been trying to get a job, it's hard when you have no former employer (I was self employed) over 50 years of age and all your referals are in another state....and here's the kicker................I have to deal with the new wife, I keep hearing that they are having financial difficulties and will send $$s as soon as they have the extra $$s, (2 and 1/2 months owed) I've told them they (he) are in contempt of court and I keep hearing "threats" won't get you anything any sooner, meanwhile, I know that there's been a new fishing boat bought, he got a new car...blew the other new one up, her too, a new roof on the house and have remodeled (sheet rocked)the downstairs of the house.

    Is it possible to hire and set this up from another state?
    The decree says...indefinitely, or upon the death of either party, or until further order of a court of competent jurisiction.
    It also has a 9% intrest on late payments.
    Would he have to pay the attorney fees? What about my transportation to get to the hearing, would he have to pay for that too after all it'd be his fault that all this would be occuring.

    Sorry if this is confusing and full of typos.

    Thanks


  • Mon, Jul 17 2006 7:11 PM In reply to

    re: Late and unpaid Spousal Support

    "From the time of divorce he'd say things like, my friends say I'm paying you too much in SS, HUH?, he wrote it up, or get a job, and that's coming from the new wife, I had a job that I was almost ready to retire from."

    This sentence doesn't make much sense.

    Not sure what you mean by you "allowed him to do a 'do it yourself divorce". You were free to hire an attorney at any time even if he chose not to. If he had a vested interest in pension, or has a 401k, yeah, you definitely messed up if you didn't go after that.

    If you file a motion for contempt (or perhaps a motion to show cause why he shouldn't be held in contempt), your attorney can petition the court to order him to pay the attorneys' fees, yes.

    "Is it possible to hire and set this up from another state?"

    Yes.

    I can't imagine circumstances under which he'd have to pay your transportation costs.

    "Sorry if this is confusing and full of typos."

    The way to avoid typos is to copy the text into a word processing program and run a spell check, or check it before final submission. :)
  • Mon, Jul 17 2006 7:40 PM In reply to

    • sbunz
    • Not Ranked
    • Joined on Fri, May 5 2006
    • Posts 5

    re: Late and unpaid Spousal Support

    From the time of divorce he'd say things like, my friends say I'm paying you too much in SS, HUH?, he wrote it up, or get a job, and that's coming from the new wife, I had a job that I was almost ready to retire from."

    This sentence doesn't make much sense.



    It doesn't? lol I make much more sense when I'm talking not writing.

    What I meant was he decided how much he'd pay me and then after it was said and done decided it was too much. Then started threatening me about decreasing it.
    The new wife keeps telling me to get a job.
    The ex is self employed and wouldn't tell me anything, as far as I know he doesn't have a vested interest in pension, or a 401k. He did things all the time without telling me about it. I had no idea how much he made or spent as I was not allowed to have that info. Had me sign things all the time without being able to read them--that explosive personality again.

    First of all I had no money to hire an attorney (they all wanted $5,000.00 as a retainer) although I did have one session with one (and paid $75.00 for half an hour) and didn't get much more info than I already knew, the ex has an explosive personality and exploded many times during our conversations about the divorce, as I said I was in shock and felt very rejected, I guess it's a part of the whole process. More confusion?

    I didn't think transportation would be included but hey stranger things have happened and I'm a long ways away from Oregon.

    Thanks again.

    New Question......Before filing a motion, is it possible to have a letter sent by an attorney giving a deadline to pay up or is that not done?
  • Tue, Jul 18 2006 12:03 PM In reply to

    re: Late and unpaid Spousal Support

    Again, even if you didn't have any money, you could have kept making the rounds of attorneys until you found one that would take a collateral assignment of your interest in the marital property as security for repayment, and then petition the court to have the husband pay your legal fees.

    It was a mistake to let him control what happened.

    "Before filing a motion, is it possible to have a letter sent by an attorney giving a deadline to pay up or is that not done?"

    Of course.

  • Tue, Jul 18 2006 8:22 PM In reply to

    • sbunz
    • Not Ranked
    • Joined on Fri, May 5 2006
    • Posts 5

    re: Late and unpaid Spousal Support



    Yes I know that now but there's nothing I can do about it now. Dang! Where was my head?

    You know I called every divorce attorney in my area and none were taking any new cases, there's a very high divorce rate there and I thought you'd have to pay for any consultation and none offered any to me.

    I did talk to the Ex today, argggggggg, told me he hasn't got any money right now to pay me, When, When? Sept, he might have his head above water,
    might?, told me to go ahead and file, it wouldn't do me much good as he doesn't have the money.
    Swell, by then it'll be 4 and 1/2 months he owes and I'll have probably lost what I have which isn't much. Keeping my fingers crossed about my latest job app. maybe the 3rd time is a charm.

    Thanks again!
  • Wed, Jul 19 2006 12:07 PM In reply to

    Ok [+0+] re: Late and unpaid Spousal Support

    Divorce 101 -- STOP LISTENING TO THE EX! Sheesh.

    "... meanwhile, I know that there's been a new fishing boat bought, he got a new car...blew the other new one up, her too, a new roof on the house and have remodeled (sheet rocked)the downstairs of the house."

    Hell-ooooo??


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