Family Law Questions? Ask a Family Lawyer Online.
If the original divorce judgment is in FL why are you going to CT?
Because my ex relocated there and that is where he is litigating against me. We share minor children and he has custody. I believe CT has jurisdiction over the children's issues and any child support modification but honestly do not know if the judge has jurisdiction over our basic settlement agreement.
The CT judge would not have jurisdiction over the settlement agreement,if alimony was entered in FL that is where you should be filing
Okay but what about the part of our MSA that deals with the children's college education? My ex-husband is claiming I raided the kid's funds-- only 38k or so. He is right because he does not pay me support and I have to survive right now. He is close to 400k in arrears.
Can the judge order me to put the monies back? I can't. Or order me into jail? Or, can I file something in CT or Florida to stop the judge from proceeding on an issue that might not be under her jurisdiction? She only sees a fraction of what is going on with the case and she cut me off when I tried to explain the context of why I took the kids' college funds. Also my MSA says that the funds are for the children and that it is for their college but that is all it says-- it does not say that right at this moment the funds must be available.
The judge can order you to put the money back if you were not allowed to touch it in the MSA. You would be ordered to replace the money within a specified period of time. In the alternative you should argue that he replace it and offset the arrears he owes you.
Yes... thank you