Have Legal Questions? Ask a Lawyer Now.
I have never received proof that he even has a life insurance policy in my name at all. He also called me recently and said that my share of his pension is not going to be $250,000, as he had told me earlier, but a much smaller amount, so he offered to pay me a reduced alimony for an undetermined period of time out of the goodness of his heart. When I asked for proof that his pension had been cut, he hem-hawed around, just as he has when I asked about his life insurance. This policy is guaranteed in our divorce agreement, legally signed and filed with the judge, but since my lawyer disappeared, I don't have anyone to enforce it. I cannot afford to hire another attorney. Also, can you tell me if alimony traditionally ends after the exwife receives a portion of the pension.
I should say that I am living on disability in a tiny apartment while he owns a huge home and travels for fun along with doing a great deal of partying. I learned after we were married that he was 12 years older than me and I am his 4th wife. He pulled the wool over my eyes.
Thank you for your follow-up.Now I understand, please allow me to approach each concern in order.First, alimony generally ends either based on court order or upon death of the ex-spouse. If the decree is silent, then it ends upon death. Arguably it can end upon your re-marriage but also only if the order so stipulates. It would not end at the time of pension unless the decree so states or he files in court for a modification which ends up being granted.What you are describing is a request to file a motion to compel, that is a request via the courts that the other party provide evidence that they complied with the court's decree. You can possibly file this on your own although an attorney would be very useful. You can contact your local county courthouse, visit their law library, and obtain the templates necessary for this filing.Good luck.
As I fomer legal secretary, I will have no touble following your advice. I wanted to thank you personally as well as give you a "great service" rating. You were quick and VERY helpful and patient.
You are most welcome, and I am genuinely happy to hear that I was able to help. This type of a situation does come up, and luckily you have options. The next step, should it come to it and he refuses to comply, would permit you to file for a motion for contempt, and have him be responsible for your filing fees. Then the judge may possibly admonish, fine, or even jail him for non-compliance.Good luck and please take care!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).