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  1. #1
    Join Date
    May 2013
    Location
    Arizona
    Posts
    1

    Default Contempt of the Court After Divorce

    My question involves a marriage in the state of: Washington / Arizona

    I divorced (Washington State) in 2008 whereby the court awarded the house, 100% remaining of my 401K, 100% of my company pension ($3800 / month) and $4000 / month spousal maintenance for life to my ex-spouse.

    In 2011, I petitioned the court, with the aid of an attorney to reduce or terminate of spousal maintenance as I was no longer employed and unable to secure employment. A Clark County Court Commissioner refused permission for a judge to hear the case stating there was not enough change in my living to warrant a hearing. I had in fact just remarried and both of us were unemployed. My attorney said they were unsure if the decision could be appealed, stating even if it could the cost may be very high. With funds rapidly depleting I was unable to take this financial risk and thus forced to drop the case.

    I'm 65 years old and with no employment opportunities forthcoming I elected to take Social Security Retirement Benefit as my only source of income. I'm in arrears for spousal maintenance, Social Security is less than half of the court ordered spousal maintenance and by garnishment by bank account was confiscated, I have a zero balance.

    During the discovery portion of the petition it was determined my ex-spouse is living comfortably on [my] pension plus her Social Security [which was based on my employment record]. In fact she does not need spousal maintenance but demands it as she wants to live on it; thus funds from the pension and her social security income be used for "her estate". She does have over $300K in my old 401K as well, the ex family house has a least the same value. [ A side point as to her character; it was also noted that she did not report the spousal maintenance I paid to her as income on her tax return.

    With out a doubt, the court would view me as in Contempt of the Court order but without the ability to pay what happens now? I have no funds for legal procedures which appear not to be available anyway.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Contempt of the Court After Divorce

    Investigate whether you qualify for legal aid, and bring a new motion.

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