why do I have to spend $$ to get my $$

iVillage Member
Registered: 11-06-2006
why do I have to spend $$ to get my $$
2
Tue, 06-12-2007 - 8:54pm

This is so frustrating. Divorce was final on 5/3/07. Hasn't paid me a dime of the alimony agreed in the divorce decree. He was paying the CS. I didn't pursue the 1/2 of daycare on the divorce decree.

Anyways, 5/21/07, problems occur with his employment at my family business. My father basically cuts him off from alot of perks he has become accustomed to. He stops paying CS alltogether. On 5/25/07, on his verbally agreed visitation with the kids, he has an appointment and can't pick up the youngest from daycare (appointment is at the **tty bar and a bottle). I find this out at 5 p.m on that day and I'm 5 minutes late picking DS up. He verbally abuses me (something I was glad to get away from by the divorce but unfortunately still have to work with the ***).

So when he went away on his May vaca to see OW, I had told the lawyer he hadn't paid alimony. On his car ride to the airport, I had called him and he basically told me he could pay me when he felt like it. It wasn't written in the divorce degree when he was to pay me.

Now, unbenowst (sp?)to me, the attorney filed a motion for contempt of court. Court date is in July when he is going on another vaca with OW to Los Vegas. I know I will be in court.

I just see my retainer I gave my attorney dwindling and for what? To prove to ex that he owes me $$. He makes 6 figures paid by my families business and yet he can't pay me. He certainly won considering he convinced me to pay him something he definately wasn't worth. And now, I feel like I was totally blindsided and should have listened to my lawyer. I settled for 1/2 alimony and didn't include $10G in this divorce decree. To ex, it's just a piece of paper. Do I really have to throw his *** in jail for failure to pay before he figures out his kids deserve this $$. He hasn't had the kids since 5/21. I told him he could arrange his visits with his mom who lives 2 minutes down the road for p/u and drop offs. Let his mom deal with when he drops off the kids. I was at his becken call and now I won't stand for it.

Just venting-Thanks

Brenda
iVillage Member
Registered: 04-02-2007
Wed, 06-13-2007 - 12:18pm
Your attorney should be asking for attorneys fees in the contempt proceeding. Also, you should request garnishment of his wages until what he owes you gets paid, and for child support going forward. Since it is your family business, there won't be a problem with employer compliance.
Good luck!

Cat 

Mom to 5: DS-17, DD-16, DD-11, DD-9, DS-7

iVillage Member
Registered: 11-06-2006
Wed, 06-13-2007 - 1:23pm

I will have to check with my attorney on the charges for the contempt being his dime. I would need to get a court order to garnish his wages which is what I'm sure my attorney will pursue.

My question is why do they feel they are above the law? What are they proving by not providing for their children, let alone spend any time with the kids?

Thanks.

Brenda