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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36994
Experience:  30 years as a family law lawyer .
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I will be finalizing my divorce this Tuesday. My ex husband

Customer Question

I will be finalizing my divorce this Tuesday. My ex husband has a lawyer, I do not. We have 2 kids.
For the last 2 years he has claimed to not have a job (even though he pays rent and all his own personal expenses), and has paid nothing towards the kids basic needs and expenses.
He has told me he will pay for summer camp, health insurance, cell phone bills, etc. yet has paid nothing.
I was told today by his lawyer that a judge might rule in favor of giving me back part of the financial expenses for the year if I ask in the correct way... but I have no idea what that means???
We have 60K in escrow from the sale of our house last year, so he will have money as soon as the divorce is finalized.
Can you let me know how to ask a judge for fair compensation for the childrens expenses?
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

You need to have the court set support and if this was already done advise the court that you have not gotten a dime here so far.The ex needs to get a job and pay and you can receive what you are owed here from this money.

You have to ask to address the court and set all of this out.If he is getting $60k here how about half $30k for support.You want to fight for this money because honestly he is operating off the grid, no income officially but he can pay bills.He has some source of funds.Court needs to also set reasonable support here, but expect to continue to have to fight for this in the future.It is tough to collect if he isn't working.

I am so sorry that he is treating you this way.Funny he can afford a lawyer but cannot pay you anything.Raise this with the judge.Shoot for the most you can get because without because since he doesn't have a job it is hard to collect down the road.

I appreciate the chance to help you tonight.Thanks again.

Customer: replied 1 month ago.
I have tried to get support and was told I had to wait for him to get a job. He has had a job diary through the court since January with over 600 jobs he's applied for....
I am finalizing the divorce on Tuesday with 60k in an escrow account where he could easily pay back the money he said he would give to help with the kids (but hasn't)
The judge has already told me i have to prove he is not working... blah blah
I was told there is a way to get the judge to give fair compensation from the escrow since he hasn't been financially supporting the kids
Do you have any advice for how to ask the judge for past expenses from the escrow money? I only have tomorrow:(
Expert:  RayAnswers replied 1 month ago.

You should ask for judgment here for his share of support for the kids, and apply the funds to the judgment. Judge can require him to pay support, and sets it based on a minimum wage full time job.If he cannot find a job since January realistically he's not really looking.Ask that the court order him to pay you some of these funds for the support of the kids.

And as radical as it is I have seen parents give him the kids and let him support them.You might have to pay support but its an alternative where the other parent will not get a job.Tell the judge that it is not clear where his money is coming from--he can pay rent, a lawyer, etc but not a dime for the children.How is that possible.

Put him on the stand as a witness and ask him under oath about his other income and assets.

Customer: replied 1 month ago.
I really wish I could put him on the stand and ask him where his money is coming from, but we are past that, he has worked the system and won.
I now just need to know how to ask the judge to look at the escrow funds that he will be getting vs his lack of support.
Is there a motion that can be filed ?
Expert:  RayAnswers replied 1 month ago.

You don't need a motion here since the divorce is pending, ask the judge to rule on this here as a preliminary matter.You also always have right to call th e ex as a witness and see what he will admit too.Money is coming from somewhere thats for sure.

Customer: replied 1 month ago.
I don't know what that means "rule on this as a preliminary matter"?
How do I call him as a witness?
Expert:  RayAnswers replied 1 month ago.

When you get to court and they call the case, you are able to ask the judge to rule on the child support issue and ask for some of his funds be awarded by judgment and order to you for child support.He hasn't paid for anything here for how long say a year or however long it it has been.Also ask the judge to call him as a witness to testify about his other assets and income sources.And ask the judge to set future support here as well.He has assets he can pay.