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'Trial' set for tomorrow, but 'husb' says he's too sick.

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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 03:27 PM
Original message
'Trial' set for tomorrow, but 'husb' says he's too sick.
He may be sick, but he's been 'hiding' from me, with help of daughters, so we wouldn't finalize property agreement.

Will let judge know he's failed to provide alimony 5 recent months, and tho he's asked for 60 day extension (thru my atty,) we agree to only 30; any more thereafter must be thru formal request to the court, with 'evidence' in support.

Nice judge and nice atty, so even looking forward to tomorrow! Imagine that!

E
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safeinOhio Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 09:28 PM
Response to Original message
1. My experience
both sides will get half of what they expect.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 09:33 PM
Response to Reply #1
2. Sure hope not! HE 'expects' I won't get anything from sale of house.
I say, THAT is B.S!!!

Won't happen tomorrow; he'll be absent, and we'll set a new trial date.
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 04:14 PM
Response to Original message
3. At this point, if he's not paying you
court ordered alimony, it's possible he can be held in contempt of court. Make sure your attorney keeps up with all that stuff.

For the most part judges are on to the crap spouses try to pull.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 07:15 PM
Response to Reply #3
4. Thanks, SheilaT. You're correct.
Edited on Wed Aug-11-10 07:17 PM by elleng
He pays, 'occasionally,' and I have discussed w atty; decided not to file against him for alimony contempt as he's out of reach; allegedly sick and maybe in hospital. Atty says, correctly, that to extent he's in arrears, this is mounting up, and he'll eventually have to pay up. (Alimony is 'pendente lite,' that is, not permanent but while litigation is going on, re: property settlement.)

Was to have 'trial' on property matter today; he was 'absent.' Informed my atty last week that he couldn't make it; might be in hospital. SO, judge ordered him to attend 2 more Alternative Dispute Resolution sessions w/in 90 days, and schedued trial for 30 Nov, w 'No continuances.' Judge's calendar would not allow earlier date.

Pleased with action judge took.

E
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 11:58 AM
Response to Reply #4
5. Do your best to hold your feet to the fire.
And good luck with the 'no continuances'. My ex pulled off continuance after continuance for over a year. And then he got off with reducing my court-ordered maintenance (as they call it in Kansas) by more than half, because he'd been let go from his job and supposedly couldn't find anthing else for two years. I'm convinced he is absolutely not looking, and I was told by someone else in IT (although here in New Mexico where I live, not in Kansas where he still lives) that he'd posted his resume on Monster.com (of some one of those) and promptly had six job offers.

While I'm still furious at him and feel I deserve more financial support, I am simply building my new life 800 miles from him.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 02:45 PM
Response to Reply #5
6. Will see what the judge can do, if in Nov he pleads 'too ill.'
Edited on Thu Aug-12-10 03:00 PM by elleng
Judge expects a 'formal' request for continuance, which should contain specific info on health, but maybe not.

My atty phoned me this morning to discuss, so he's 'prepared' as he can be; we're prepared to hold feet to the fire, if we can just FIND his damned feet!

He works for SEC, in DC, so can make some contacts there, and he does have responsibility for daughter's tuition. Will see where we can go.

PS, I can live ok on my 'retirement' and soc sec ok; he owes me many thousands from sale of house.
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 09:30 PM
Response to Reply #6
7. Good luck to you and
keep us informed.
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