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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 588
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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My ex is arrears of $380k to me for alimony. I had to fly

Customer Question

My ex is arrears of $380k to me for alimony. I had to fly to CT where the judge not know any of the financial circumstances going on. Opposing counsel went after the fact that I had spent part of my kids' college funds. Opposing counsel also lied and told the judge I had blown off my deposition.This is untrue. Anyway, the judge ordered me to have a deposition on the college funds next thursday and then to show up in court that same day like I the criminal. I needed the funds and still do live. I am Pro Se. I am afraid the judge will make a snapshot decision on this, hold me in contempt and make me pay the back monies which I simply can't. I have to use the funds to fly to court and rent a car. What do I do? And what if throws me in jail.
She doesn't even have jurisdiction over the college funds I believe because the original divorce decree is registered in Fl and she is in CT.
Could she throw me in jail for this. One last thing is that I have 2-3 motions, as well as the contempt motion for non-payment before Fl which all relate to my ex being in severe arrears on his payments to me. The judge would not allow me explain anything. She is volatile.

Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

If the original divorce judgment is in FL why are you going to CT?

Customer:

Because my ex relocated there and that is where he is litigating against me. We share minor children and he has custody. I believe CT has jurisdiction over the children's issues and any child support modification but honestly do not know if the judge has jurisdiction over our basic settlement agreement.

AttyCBradford :

The CT judge would not have jurisdiction over the settlement agreement,if alimony was entered in FL that is where you should be filing

Customer:

Okay but what about the part of our MSA that deals with the children's college education? My ex-husband is claiming I raided the kid's funds-- only 38k or so. He is right because he does not pay me support and I have to survive right now. He is close to 400k in arrears.

Customer:

Can the judge order me to put the monies back? I can't. Or order me into jail? Or, can I file something in CT or Florida to stop the judge from proceeding on an issue that might not be under her jurisdiction? She only sees a fraction of what is going on with the case and she cut me off when I tried to explain the context of why I took the kids' college funds. Also my MSA says that the funds are for the children and that it is for their college but that is all it says-- it does not say that right at this moment the funds must be available.

AttyCBradford :

The judge can order you to put the money back if you were not allowed to touch it in the MSA. You would be ordered to replace the money within a specified period of time. In the alternative you should argue that he replace it and offset the arrears he owes you.

Customer:

Yes... thank you

Expert:  AttyCBradford replied 1 year ago.
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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 588
Experience: Criminal Defense and Family Law Attorney serving California Statewide
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