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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22549
Experience:  Attorney with 14 years experience
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Last March a friend of mine had her hearing for equitable distribution.

Customer Question

Last March a friend of mine had her hearing for equitable distribution. She has had no money to afford a lawyer and basically has gotten screwed by her husband. There was a 401k that he hid before he left and has made it appear that that money was used before they got separated. My friend has always just let her husband do it all and never realized how sneakey he was. She was given the opportunity to stay in the house at first if she kept everything caught up. She wasn't able to do it due to emotional problems and so then it was given to him to stay in. His lawyer drew up a paper saying the husband wants to buy the house and has made a list of things to deduct from the money they owed my friend. So, she ends up with 20,000.00 to be paid to her and then he owns the house. He wants to do this in payments also. The judge has had the equitable distribution papers since March. I went to this hearing with her and feel a lot of the items he says she has to deduct from total payment were exaggerated. Nevertheless, it has been since March and she still has seen no money or heard any decision on the matter. Should it take this long to get the equitable distribution? She is pretty destitute at this point. Some of us girls at work have been trying to help her financially as we can. Six months seems a long time to not see the equitable distribution of 20,000 that they talked about in court. I have a couple of friends that say there is a statute of limitations on this. Is it possible she may never see the money? It breaks my heart and need some advice on where we should go from here. She has called the judges office and keeps being put off and does not want to make the judge mad. Any advice you can give will be appreciated
Submitted: 3 years ago.
Category: Family Law
Expert:  Barrister replied 3 years ago.

Hello,

 

If they have agreed to all the terms in the distribution agreement, then it should just be a matter of putting it on paper and submitting it to the judge for approval. However, the judge is not going to push any timeline as he doesn't have any personal interest in closing the case. Her ex obviously isn't going to push it as it is in his best interest to drag it out as long as possible.

.

So the only one who can push this would be her. If she is not represented by an attorney, she can file a "motion to compel" that would force ex and attorney to come back to court and explain to the judge why they haven't submitted the agreed upon settlement paperwork to close the case.

.

.

Thanks

Lawpro

 

 

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Expert:  Barrister replied 3 years ago.

It is in his best interests to drag it out because that way he doesn't have to come up with the $20K until the paperwork has been approved by the court.

.

So I am sure he would rather pay a bill next week then to have to pay it today.

.

I just re-read your initial comments and see that you stated they have already submitted the paperwork so she would need to file a "motion for status update" with the judge who has the case to give him the "nudge" he needs to get on the ball and approve the submitted paperwork. Six months is way too long to wait for a judge to simply sign off on agreed settlement paperwork.

.

.

thanks

Lawpro

 

 

If I have answered your question, please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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