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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28356
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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In my divorce I settled and agreed to only 200 a month

Customer Question

In my divorce I settled and agreed to only 200 a month spousal support because he agreed to allow me to work a certain number of days per month to make up for such a low amount of support. We had two businesses and I was to help still with one of them which would have given me about 2-400 more per month. In a year I have not worked it. I walked away while he kept both, the house, and is now married to his mistress. I am partially disabled and am struggling daily while he is living comfortably. He was also ordered to get my belongings to me within 30 days and has not. I've recently started school but have not been able to find a job . I only wanted what was fair not a penny more , but never would have settled if I knew he wasn't going to do what was agreed. I filed contemp shortly after but got a different judge, and of course he's done plumbing work for said judge so was dismissed. I feel I wasn't treated properly also. What should I do? My support was only for 1 yr and ended last month. Is it possible to ask for same judge who mediated with us and was there?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Good morning. I certainly understand the situation and your concern. Just to be clear, your ex husband failed to comply and follow what was ordered and the Judge did not take any action? Also, he has not allowed you to obtain your belongings and has failed to allow you to work, to earn the money which you expected?

Customer: replied 2 years ago.
Expert:  FamilyAnswer replied 2 years ago.

Thank you. If the Judge was unable to be fair and impartial and had done business with your Ex which caused a conflict, the Judge should have recused himself and another Judge should have been assigned the case. If there was a court order, your Ex needed to comply. Plain and simply. If he did not, then the Judge should have held him in contempt of court. Unless he provided the Judge with a legal basis to support his decision to not allow you to obtain your belongings, he should have been compelled to do so or held in contempt. Moreover, if working was a condition to the amount which you were to receive and he prevented that, he should have been ordered to pay the difference of what you should have earned or again, compelled to allow you to work as agreed. Since this did not happen and the Judge simply dismissed the case, without good cause, as you shared, then you can certainly appeal this, ask for a re-hearing on the matter or go so far as file a complaint against the Judge, if you think he was biased and failed to decide the matter on the merits. Since the support ended last month and you did not get what you were supposed, you could also file a motion to modify this, explaining what you did above.

Expert:  FamilyAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!