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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 739
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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I need to ask a question for an attorney concerning a judgement

Resolved Question:

I need to ask a question for an attorney concerning a judgement debtor/cretitor issue. The judgement creditor is in Alaska, the debtor is in Louisiana.
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

What is your question? How can I help you?

VAMD, Esq. :

Are you online with me?

VAMD, Esq. :

It appears that you are offline. I will end our chat, but if you come back online please feel free to continue our discussion by providing the details of your question. I will respond ASAP.

VAMD, Esq. :

Thank you.

TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 9672
Experience: Licensed to Practice Law
TJ, Esq. and other Family Law Specialists are ready to help you
Expert:  TJ, Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

I am here... Can you come back to chat?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

The chat option is gone, but we can continue in this current format. Please clarify your question for me. Thank you.
Customer: replied 1 year ago.

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.


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

So you are looking for legal research which states that the judge was wrong to allow the pension funds to be withheld even though the judgment is not paid? I wish that I could help, but I believe that the judge was correct in his ruling. I do not believe that I could find case law stating the opposite. I will opt out to see if another attorney has anything to add. I wish you luck!
Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  socrateaser replied 1 year ago.
Hello,

Different contributor here. Please permit me to assist.

When you say that you were given 50% of your ex's retirement, do you mean that your rights were confirmed by the court as an alternate payee pursuant to a Qualified Domestic Relations Order (QDRO)?

Also, what exactly was the judgment for (child support, spousal support, property division, etc.)?
Customer: replied 1 year ago.

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.

Expert:  socrateaser replied 1 year ago.
I'm going to open this back up for others to comment. I don't have a good answer for you.
Customer: replied 1 year ago.

Okay, thank you.

Customer: replied 1 year ago.

Is someone out there willing to help me?


 

Expert:  mmdesq replied 1 year ago.
Good Morning,

Ex would have to transfer judgment to state where you are residing in order to execute against assets in that state. (I am assuming all of your assets are in LA.) I know you may not enjoying hearing this word, but bankruptcy could be another option for you to protect your assets if he would transfer judgment and begin execution, especially if you have other debt that is outstanding.

I hope this is helpful.
Customer: replied 1 year ago.

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.

Expert:  Seattle Scott replied 1 year ago.
Your argument to the judge on reconsideration is that the asset in question is a pension and therefore is exempt from creditors. Therefore the judge allowed the ex husband to collect on his judgment through transfer of a pension asset, which is not allowed, and gave the ex husband a collection remedy that no other creditor is allowed to use. The second argument is that the property division was final and not subject to modification and the effect the the judge's ruling was to modify the agreed property division which ex husband could not otherwise do.

You also had a personal jurisdiction defense, as in you do not reside or have any contacts with AK anymore such that any action to collect or enforce the AK judgment needed to be filed in LA. The problem is that objections to personal jurisdiction can be waived, if you argued to the AK court anything other than no jurisdiction. So this defense is preserved on reconsideration if you already asserted it, or waived if you didn't already bring it up in opposing ex husband's last motion.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 739
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and other Family Law Specialists are ready to help you
Expert:  Seattle Scott replied 1 year ago.
Thanks for the favorable rating. One other point, my understanding is that the pension is already being paid out and that the order tells the pension administrator to pay everything to ex until the judgment has been paid off. If this is correct, there is half a chance that the pension plan will ignore the order and take the position that the pension provisions do not allow your benefits to be paid to anyone else. Were you receiving monthly benefits payments and if so, have they stopped?

Another issue, regardless of whether the judgment is ever paid, the court has ruled you were not entitled to alimony payments, which payments you were required to declare and pay income tax on. Now the court says you were not entitled to that money and have to pay it back. You should consult with a tax expert and see if you should file amended tax returns where the alimony has been removed. Just a thought.
Customer: replied 1 year ago.

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.

Expert:  Seattle Scott replied 1 year ago.
"Spousal support" is just another name for "alimony", both are taxable as income to the recipient and if you filed separately and declared the spousal support as income, you should consider filing an amended return because that income has been removed by the judgment.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 739
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and other Family Law Specialists are ready to help you

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