newguyvt
New
Reged: 12/28/07
Posts: 1
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Here's a question: Lady ends multi-decade marriage to abuser, abuser attempts to bleed her dry with frivolous motions and legal fees, divorce finally granted with spousal and child support awarded. He never missed a temporary support payment while the case was going along. Now that the case is finalized, guess what: after 30 years never missing a day of work, he doesn't go to work anymore. I'm starting to think that he and his lawyer have decided to make his ex chase him in court for every check from now on. The judge is already aware that the guy and his lawyer have misrepresented his assets and income in the past. So here's the question: Can this woman ask the court for a position on her ex's real estate or other assets to secure payment of support? And can she do it without a lawyer, since her last big-mega-professional firm wiped her out financially?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2009
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Depending on his age, it sounds to me like he may have retired, which could lead to more litigation, as he attempts to lower his obligations, because of retirement and lower income. If he's old enough (probably at least mid 50's), he could be successful. If he's 62 or older, he would have a very high chance of being successful in court.
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Jada
Platinum
Reged: 06/02/07
Posts: 3219
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[quote]Here's a question: Lady ends multi-decade marriage to abuser, abuser attempts to bleed her dry with frivolous motions and legal fees, divorce finally granted with spousal and child support awarded. He never missed a temporary support payment while the case was going along. Now that the case is finalized, guess what: after 30 years never missing a day of work, he doesn't go to work anymore. I'm starting to think that he and his lawyer have decided to make his ex chase him in court for every check from now on. The judge is already aware that the guy and his lawyer have misrepresented his assets and income in the past. So here's the question: Can this woman ask the court for a position on her ex's real estate or other assets to secure payment of support? And can she do it without a lawyer, since her last big-mega-professional firm wiped her out financially? [/quote]
It can be pro se, but I don't recommend it.
Instead, file contempt of court charges and ask that he pays your legal fees since it was his actions that led to your legal fees.
And even he has retired, if he is under 65 years of age, he doesn't stand a very good chance of getting his obligation reduced. And if he is 65 or older, he may get the current obligation reduced. But the arrears won't go away until he pays them.
And, yes, you can ask a judge for lien on his property until he has paid the arrears. It's going to do nothing until he goes to sell it, then he will have to pay you the amount of the lien in order to sell the property.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2144
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Can this woman ask the court for a position on her ex's real estate or other assets to secure payment of support?
>>>>>>>>>>>> Yes .
§ 757. Security for payment
When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment. (Amended 1981, No. 247 (Adj. Sess.), § 12.)
And can she do it without a lawyer, since her last big-mega-professional firm wiped her out financially?
>>>>>>>> Yes , try the Form 830 Motion to enforce .
Form 830 :
http://www.vermontjudiciary.org/eforms/family.aspx
--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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