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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16344
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I went thru a divorce from 2007-2012. It was amicable

Customer Question

Hello, I went thru a nasty divorce from 2007-2012. It was amicable in the beginning, there was visitation and a property settlement agreement. It was signed in 2007, adopted by the circuit court of Baltimore in 2011. There was an $29,000.00 coin collection in the agreement that was to come to me, the ex-wife noted in interrogatories she had no knowledge of its where about. With current market values, the gold and silver would have made the net worth around $80K, it was kept in a locked box in our attic and never insured or appraised, but it was listed in many asset sheets listed when getting a mortgage or refinancing a home.
There are 4 boys, one a high ranking police officer for The Maryland Port Administration, one a pharmacist in Georgia, one training to be a pharmacist, and one a graduated food server. I found that my son in Georgia was in possession of the collection in late 2011, for which he attempted to file a false police report trying to get me for harassment. The officers wrote down that his mother brought him a coin collection that his father learned that he had. The police report from Norcross Georgia denotes that the officers found no evidence of threatening phone calls, texts, or emails. A lawyer in Georgia called Joseph J. Lamb Jr. and he told the lawyer it was my brothers, that he made arrangements to fly the collection back to Baltimore and give it to my brother. It never happened, and the ex-wife and the boys cornered me in court with a protection order, then tried to get me with a violation of a protective order, which in actuality, I never did anything at all.
The youngest will not testify in court that his mother put them all up to this, she filed Bankruptcy in March 2012, and then filed false protective orders against me. The third son whom was hiding the collection went to Georgia to stay with his brother in 2010. His mother drove down with him and then flew back. This is when the collection was transported.
Although it has been quiet for a few years, today on social media the third son accuses me of prostitution and cocaine, of which I never did and I am sick and tired of this. I am looking for a lawyer that can go after the value of the coin collection, and send a letter to Zachary Lamb to cease and desist this non-sense.
It wasn't until after the divorce, that an old adversary came forward and said Zach was his son, he looks just like him, so I raised a boy for 18 years and paid two years child support on a child that wasn't mine. I want to know what my rights would be to sue the ex-wife.
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there --
I am sorry to hear about all of these issues being thrown at you by your ex and your children.
In order to make a claim against your ex for failing to turn over your property in the divorce (as set forth in the settlement agreement) you will have to go back to the original court and file a Motion for Contempt of Court against your ex wife for failing to turn over the coin collection as set forth in the settlement agreement. In your motion, you need to tell the court about the attempts to retrieve your collection and that every time a deadline for giving it back to you passes, she files protective /restraining orders against you which makes it pretty much impossible for you to enforce any collections actions against her (including showing you proof that the coin collection is still in their possession and has not been sold off a long time ago). In your Motion for Contempt you also need to request that the court order her to pay you the full value of the coin collection if she is unable to produce the actual coin collection to the court. I have no doubt that you will win this Motion hearing and when you do, the question then becomes one of collection --and you can ask the court to garnish her wages and her bank account to get immediate payment to you for the loss of this coin collection. You can either call or visit the local court where the original case was heard and ask them to either send to you the correct forms to prepare and file for a Motion for Contempt in this case.
Regarding the paternity issue, if you are married to the mother at the time of birth and you signed the birth certificate at the time then under state paternity and child support laws, you are LEGALLY the father and you have a very short window to challenge your name on the birth certificate by getting a DNA test of you and the child to prove paternity. That challenge period is only 4 years after the child is born and after that time period has passed it is almost impossible to have your name taken off of the birth certificate. this is the law in every state and while it is unfair to the supposed father who was duped by the ex wife or ex girlfriend the courts have justified it by saying that the family court and the child are entitled to have "finality" in all cases involving minor children's paternity issues. You can certainly file a motion for DNA testing through the court to see what the court will do in this case, but do not be surprised if your motion is dismissed because you are beyond the statute of limitations to choose to request a paternity test at the time of birth or shortly thereafter.
I hope that helps. Please press a positive rating underneath this ANSWER box so I will be paid for my time assisting you today. I truly wish I could give you better news on all of the points you have questions, but I DO think that you have a great chance of getting an award ordered due to her failure to turn over the coin collection at the time of the divorce or at least by the time the settlement agreement was filed in the court.

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