I had my divorce hearing on Feb 22, 2006 and I was awarded rehabilitive alimony that was to be effective March, 2006. My ex was told not to pay until he received the final order. I did not receive the final order until April 22, 2006 and the family judge made a hugh mistake on the order. He put that both parties waived alimony so my ex though he wasn't going to have to pay. I went back to court and got it straighted out and received the correction to the final order on May 20th. Now my ex is mad and called me on the phone to tell me that he is filing an appeal to get more things out of the house. I have not received any papers from him (he did file the appeal on May 26th). We were in agreement about property items and it states that on the divorce papers. Somethings he mentioned that he was going after are things that we did not pay for. My nephew lives with me and he receives money from SSI (my name is on the check because he is under 18)and these items were purchased with his money. My ex says that because they are in the house he can still get them. Also, he has not paid me any money and has no intention to. Can his wages be garnished? Also, he is to pay for half of the property taxes on the house and has not paid anything. Does anyone have any information they can give me? I live in West Virginia. I was told that it would be up to the circuit judge if the appeal was accepted since the 30 days have passed. Will it cost him court fees if the case is heard?
It is more difficult do collect spousal support than child support. You can request it but courts are typically less enthusiastic about garnishing for spousal support than for child support.
He obviously is not onboard with the deal you struck. Holding things in limbo through expensive appeals and legal motions is an effective strategy in our legal system. The personal property paid for by the minor nephew is not a black-and-white issue. The appeal and your efforts to enforce the deal sounds like it will be a long expensive road.
You have two choices: talk to him directly and find out what he wants and make a settlement that gives you less than you want but short circuits all of this. Or get a good lawyer on retainer and stay on top of it and apply as much pressure as you can to see the original agreement through. Neither will feel satisfying to you.
Your idea of talking to him is good but we had agreed before the divorce hearing on who was to get what so whats to say that he won't change his mind again. It would seem like this could go on forever. Do you know how likely the appeal would be heard because his 30 days were already up to file an appeal. We did not have lawyers on the initial divorce but I will have one if it gets in court again. Highly unlikely he will have one. Doesn't seem right that because he is mad he should be able to go back and try to get more. He took everything he wanted when he moved out and it is recorded that we were in agreement.
I wouldn’t worry about the appeal specifically - that will get whacked down. I would worry that this could go on forever. You need to pick your battles. Let go of some of this and get on with your life.
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