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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I went through a very long and ugly divorce and lost big time.

Customer Question

I went through a very long and ugly divorce and lost big time. I lost my business, my house she got all my retirement accounts and I still ended up with a property settlement of owing her about $150,000.00. This settlement is non modifiable. I am stuck with it and am currently working a $12.50 an hour job and having 55% of it go to her via an automatic deduction. Back in May of 2010, I was ordered to give up my drivers license by a judge as incentive for me to get a job, even though domestics had already attached to my paycheck of a job I had for a few weeks. They just failed to mention this to the judge and the judge when she found out that I was $25,000. behind in payments she ruled my license be suspended and wouldn't let me speak anymore. My question is, if I were to relocate to Florida, change my address, what would the PA. courts be able to do. I would eventually get a job of some kind for them to attach to but that may take a couple of weeks to do.

Thanks,

Bob Fox
Submitted: 3 years ago.
Category: Family Law
Expert:  Joseph replied 3 years ago.

If you relocate to another state, the child support order will be transferred to that state for enforcement purposes. The new state, Florida in this case, would then move forward on collection efforts. That could include the suspension of any licenses; driver's license, hunting licenses, etcetera. Florida could also enter an income deduction order as to any employers and, if necessary, even incarcerate you over the arrears.

 

I don't mean to discourage you from moving, just do so realizing that the child support order will likely not be far behind.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Joseph,

I aplogize for the delay. Just to be clear, this is not child support, it is a non modifiable property settlement. I don't have a problem with attaching to a pay check as they do here in PA. In todays economic climate, will any state really incarcerate someone?? As with the suspension of a driver's license, I don't see where that really helps anyone. As long as I have a job and they get there 55% of my paycheck, no matter how big or small it may be, will that satisfy them??

thanks,

Bob
Expert:  Joseph replied 3 years ago.

My apologies for the misunderstanding. However, it does not significantly change my answer, the state can still move forward on collecting under the court order. To answer your question, yes, states are still incarcerating people over the non-payment of court orders.

 

Having said that, based on your information, such a remedy seems unlikely. If you are paying such a large portion of your income to the former spouse, then you should be fine. One caveat to this would be if you were intentionally keeping you income low to avoid paying. For example, if you used to make $200,000 a year but voluntarily reduced your income level to $20,000 per year, then the judge might incarcerate you to "encourage" you to seek employment commensurate with your abilities.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Joseph,

If I owned any kind of real estate property or a mobile would the court be able to attach to the property and force a sale??

Does it matter how much the 55% amounts to?? If I don't get a good paying job right a way and had to take some part time jobs that don't pay much. would they be able to do anything??

Thanks,

Bob
Expert:  Joseph replied 3 years ago.

Yes, it is possible to attach property to satisfy the judgment. I'm not sure I understand what you mean by "how much the 55% amounts to". The fact is there is a judgment in place and you need to satisfy the judgment. If the government is taking 55% of your income to satisfy the judgment and your income decreases for reasons beyond your control, the amount deducted would likely have a corresponding decrease.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
Joseph,

The original agreement had a timeline of either 7 or 9 years, keep in mind it was a property settlement. Is it 7 or 9 and what happens if I haven't completed payment at that time?

Also, if she would be willing to relieve me of this obligation, what specifically would she have to do??

Thanks,

Bob
Expert:  Joseph replied 3 years ago.

I'm not sure what you are asking with....

 

Is it 7 or 9 and what happens if I haven't completed payment at that time?

Wouldn't that question be answered by the language of the order?

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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