kadee1111
New
Reged: 05/08/08
Posts: 6
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My divorce was final 9 years ago. I live in Arizona which is a community property state. When we were married he had me quit claim property.
Is there any way for me to do anything about that, or is it too late???
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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What does the divorce decree say about the distribution of marital property ? If he was ordered/agreed to pay you your share and hasn't , he still owes you . File contempt .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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kadee1111
New
Reged: 05/08/08
Posts: 6
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its all said and done in the final divorce decree. just wondered if i can do a post modification at this point or is it too late?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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Please be more specific . Does the decree specifically list assets you are entitled to ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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kadee1111
New
Reged: 05/08/08
Posts: 6
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if i remember correctly-yes-but haven't dug them out in awhile. im just so sick of being broke and he is wealthy.
barely see my kids, although we have joint custody. Plus i cant even afford to feed them.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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You don't need a modification , you need enforcement of your existing court order .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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kadee1111
New
Reged: 05/08/08
Posts: 6
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well see the thing is, i totally let him screw me and only to protect my children's emotional welfare. I didn't fight for anything monetarily so he basically has all and i nothing.
the divorce papers are completely in his favor.
plus he was violent w me and got a restraining order when i decided to leave as didnt trust what he would do.
just tired of him monopolizing all the time w the kids, and i cant even afford to take them to dinner.
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kadee1111
New
Reged: 05/08/08
Posts: 6
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az is a community property state. and wonder if there is a statue of limitation on getting what i quit claimed and getting things to be fair???
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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You are entitled to any assets ennumerated in the divorce decree whether or not legal title has been transferred via a quit claim deed . If you haven't received this you'd need to file for a contempt citation to " force " payment .
Any asets not included in the divorce decree are not recoverable , there's a limited period to reopen an agreed/ordered decree ( usually 1-2 years ) and only when fault or unconscionability are evident ( fraud , intimidation , etc ) .
Why not seek further child support ? The Arizona guidelines
do take into account parenting time utilized .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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kadee1111
New
Reged: 05/08/08
Posts: 6
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the kids live with him, he has primary household. he cares for them financially so no child support either way.
in the divorce decree everything is his.
just wanted to see if that could be changed, but i guess its too late.
i get nothing, tax wise, help as a single mom etc. as he has primary so that puts him at 51% of the time.
just looking for some way to make things fair. some way out of this nightmare. A miracle i guess.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2311
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First thing you need to do is read the Arizona Child Support Guidelines , custodial parents with the larger income CAN be ordered to pay the other party .
http://64.233.167.104/search?q=cache:uJ1jVukk4hQJ:www.superiorcourt.maricopa.gov/sscDocs/pdf/drs10h.pdf+arizona+child+support+guidelines&hl=en&ct=clnk&cd=4&gl=us&ie=UTF-8
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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tammylucy
New
Reged: 05/07/08
Posts: 3
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If it has been some time since you were divorced, why are you trying to get money out of him? Shouldnt you be a independant woman and pull your own weight? There are plenty government progams to help single mothers if it is education, job training etc you need. Time to take charge of your life and make it better! (ie without the idiot you divorced!)
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