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Here is the background. My ex & I divorced in Alaska in 2008. He was Federal Law enforcement & I was gived 50% of his retirement in a negotiated settlement agreement. He has continued to stalk, harass & drag me back to court ever since. I moved from Alaska to Louisiana to get far away from him. Two years ago, after taking bad advice from an atty, he got a judgement against me. I am disabled & live off SSA Disability. He has attempted to do bank sweeps in Alaska, but nothing here in LA. Now he fioled a motion in AK to have my percentage of his retirement zeroed out until the judgement is paid. And... the judge did this even thought I filed an opposition. I need to file a motion to reconsider, but need to find relevant case law.
What I think I was looking for was about the judgement creditor needing to abide by judgement/creditor rules. He is in AK, I am in LA... I believe he should have to file a foriegn judgment in LA and execute here. My reading of the AK rules do not allow me to claim exemptions there because I am not a resident there & have no assets in that state.
And it isn't that the judge is allowing the pension funds to be withheld, as in garnished, but he allowed the COAP to be 'altered' from me having a 50% share to zero.
At the divorce settlement conference, the retirement was divided and I received 50% and a QDRO-COAP was done. Two years later he drug me back to court & claimed I had been working (which I hadn't) during the divorce proceedings and the judge gave him a judgement for all the spousal support he had paid during the pre-divorce period. I had an attorney who told me the judge couldn't do such a thing, he took 23K, mounted no defense whatsoever & the judge hammered me. So, I live in LA, he is in AK. I believe he would have to execute his judgment here, where I could claim exemptions.
Okay, thank you.
Is someone out there willing to help me?
Please allow me to explain what I am seeking an answer to. The civil judgement is in the Alaska court. I live in Louisiana. He has never tried to execute the judgement outside of Alaska. What he did was go to the AK court and ask the judge to "zero" out my portion of the QDRO COAP of his retirement which I was awarded at the time of divorce in 2008. I believe it is an error of the court to do this in an effort allow him to collect the judgment without following the established judgement cretior procedures. My small understanding of debtor/creditor is that judgement creditor has to file foreign judgment from AK to LA & file to execute in LA. Only then could I invoke rights to exemptions. I can't claim exemptions in AK court, I have no assets there. I need help trying to explain why judge "zeroing" out my portion of QDRO COAP is not okay.
Thank you for the additional information, I sincerely XXXXX XXXXX you have given real thought to my situation. The pension payments have not started. Apparently, my ex-husband has been in a limbo status waiting to have a medical retirement approved. He was just notified on May 29th that it was approved & he filed the motion to alter the QDRO - CAOP the very next day. Also, I never received 'alimony', just temporary spousal support prior to the divorce settlement and then I was receiving property disbursement payments.