Results 1 to 6 of 6
  1. #1

    Default How to Get Clarification of a Divorce Judgment

    My question involves a marriage in the state of: California

    My divorce is final, effective last year; however, the judge did not decide which year I can claim my one child on my taxes. My understanding is that we alternate years, but who starts what year has NOT been decided.

    Also, I have discovered the my wife withdrew all the funds out of our ROTH-IRA (from my employment), after separation, even though she told the judge that she had withdrawn the money before separation (basically she committed perjury) and as a result, I loose half of the ROTH-IRA (which would be $3,500). The judge told me at the final court decision that I needed to find proof that my wife withdrew the funds after the separation (this was out family's only asset in reality...our entire savings). So now that I have proof, how do I repetition the courts? Can I re-open my case or do I need to start a new case? Would the matter be a small claims case? How do I have the judge order which year to start claiming my child on my taxes?

    LASTLY, I am still paying alimony, but I was only suppose to pay for 3 years and that time is up. How do I petition the courts to have that stop and any back pay I have paid into, to stop?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,745

    Default Re: How Can I Re-Open a Case

    Quote Quoting ChopChop
    View Post
    My question involves a marriage in the state of: California

    My divorce is final, effective last year; however, the judge did not decide which year I can claim my one child on my taxes. My understanding is that we alternate years, but who starts what year has NOT been decided.
    While this is common, its not automatic and its not always ordered.


    Also, I have discovered the my wife withdrew all the funds out of our ROTH-IRA (from my employment), after separation, even though she told the judge that she had withdrawn the money before separation (basically she committed perjury) and as a result, I loose half of the ROTH-IRA (which would be $3,500). The judge told me at the final court decision that I needed to find proof that my wife withdrew the funds after the separation (this was out family's only asset in reality...our entire savings). So now that I have proof, how do I repetition the courts? Can I re-open my case or do I need to start a new case? Would the matter be a small claims case? How do I have the judge order which year to start claiming my child on my taxes?
    Its too late to do anything about the IRA. That is a done deal.

    LASTLY, I am still paying alimony, but I was only suppose to pay for 3 years and that time is up. How do I petition the courts to have that stop and any back pay I have paid into, to stop?
    If your divorce decree ordered you to pay alimony for three years, then its three years from the date your divorce was final.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Clarification of a Divorce Judgment

    Quote Quoting ChopChop
    View Post
    My divorce is final, effective last year; however, the judge did not decide which year I can claim my one child on my taxes. My understanding is that we alternate years, but who starts what year has NOT been decided.
    As llworking says, although people commonly negotiate that type of arrangement in their divorce judgment, it's not automatic. If the judgment in fact awards the exemption for alternating years, the first thing you would want to do is to see if your ex- will agree to who goes first. If the judgment does not award the exemption for alternating years, then it's not part of the judgment and standard tax law applies.
    Quote Quoting ChopChop
    So now that I have proof, how do I repetition the courts? Can I re-open my case or do I need to start a new case? Would the matter be a small claims case?
    If you knew of the issue during divorce proceedings, and chose not to obtain the evidence during the proceedings, you should not anticipate that the court will have any interest in reopening the case. Records of account transactions are not difficult to obtain, so the question becomes why you didn't act in a diligent manner during the prior litigation. If you were represented during your divorce, I suggest discussing the issue with your divorce lawyer.
    Quote Quoting ChopChop
    LASTLY, I am still paying alimony, but I was only suppose to pay for 3 years and that time is up. How do I petition the courts to have that stop and any back pay I have paid into, to stop?
    You told us moments ago that your divorce judgment was final last year, so three years aren't up from the time your judgment was entered. We're not in a position to interpret the language for you. If the court ordered garnishment with no end date, and if the period for which you are to pay spousal support has ended pursuant to the terms of the judgment, petition the court to end the garnishment.

  4. #4

    Default Re: How to Get Clarification of a Divorce Judgment

    With regards to the alimony, the judge awarded my ex-wife 3 years of alimony. The 3 years have been up for the past 6 months, but alimony is STILL being garnished out of my paychecks. The court order says "3 years!" How do I make the alimony garnishments stop?

    With regards to the ROTH-IRA...my ex-wife told the judge personally that she had withdrawn the funds before our separation (which means she would be entitled to the entire amount); however, I now have proof that the ROTH-IRA was withdrawn after separation (which means I would be entitled to half of it). Yes, there is a 100% proof that my ex-wife committed perjury; which caused me to loose half of the ROTH-IRA that I was entitled to (which was formulated solely through my job). What can I do about this? Do I contact the District Attorney about the perjury? Do I take my ex-wife to small claims court in-light of this new proof? What can I do? Because my ex-wife lies to the judge about the ROTH-IRA, I could not receive half of it, as I should have been entitled to.

    With regards to negotiating with my ex-wife, that is an impossible thing to do! She is a very bitter and angry lady that refuses to talk to me or even look at me (unjustified of course). I have tried to remain cordial and professional during the entire time of the divorce, but my wife has so much anger and bitterness that negotiating anything is impossible! There is no reasoning or rationalizing with her!

    One last thing, if I may...the financials pertaining to my case (taxes, debt, savings, etc.) was never finalized and the judge did in fact rule that the case is in continuance; however, my ex-wife's attorney wrote on a piece of paper after our last court hearing (August 2013), that the case was finalized and the courts considered the case closed (basically the lawyer did something really illegal). So on one hand, my case is closed because of a crafty and dishonest attorney, but on the other hand, the minutes show the judge saying that the case is to be continued.

    By the way, both of our attorney have withdrawn from the case! I have no money to my name to hire another lawyer...I owe one lawyer $20,000 and another lawyer $5,000.

  5. #5
    Join Date
    May 2010
    Posts
    201

    Default Re: How to Get Clarification of a Divorce Judgment

    Quote Quoting ChopChop
    View Post
    My divorce is final, effective last year

    So how was the divorce continued if it was final last year?

  6. #6

    Default Re: How to Get Clarification of a Divorce Judgment

    Quote Quoting SESmama
    View Post
    So how was the divorce continued if it was final last year?
    Oh SESmama, if any case could be butchered or botched, it has been mine. I barely make enough money to survive on and my wife is the one the wins in the end and I am stuck with having to battle out in court with no money to hire a lawyer anymore and no knowledge of what to file.

    I am really really trying to be as candid as I can...here is the God's honest truth. In August 2013, the judge says that our case will be continued at a later date to discuss the financials that had yet to be worked out (i.e. debt, savings, taxes, etc.), the judge tells our lawyers to work out a date between them. At this time, the court was already past closing hours on a Friday! Okay, exit courthouse...we work out the date of December 26, 2013 to go back to court to work on financials, singed by me. Okay, so we think its a done deal for a future court date; however, what my ex-wife's lawyer did was cross out the agreed to date of December 26 and wrote on the court paperwork at the top and said, "No court date needed." And my ex-wife's lawyer slid the paperwork under the door to the clerk (because the court was already closed mind you). The court dates the note that my ex-wife's lawyer wrote and they did NOT set up a new court date, but instead, of consider the case closed. DESPITE the judge's very words saying that the case should be continued to a later date. My ex-wife's lawyer pulled a fast one, that is very deceptive, dishonest, and illegal. Of course, I was already in debt to my lawyer that was representing me for $7,500! So my lawyer is NOT going to put forth any more time to fight my ex-wife's lawyer and her illegal activity.

    Now that I am dead broke, on disability due to a brain tumor (with a pending operation that maybe I will be lucky as to not survive), I owe $20,000 to my first lawyer, $7,500 to my second lawyer, back child support for the past 3 months (even though I am on disability); meanwhile, my wife works full time now and is living off of child support and alimony from me, as well as from her first marriage.

    What can I do in my case? What paperwork can I file with the court to reopen my case (which should not have been closed to begin with)?

    1. Sponsored Links
       

Similar Threads

  1. Divorce: When Can a Divorce Judgment Be Set Aside
    By hershey_kissez12 in forum Divorce, Annulment and Separation
    Replies: 8
    Last Post: 12-30-2011, 06:36 PM
  2. Changing an Adult's Name: Changing Your Name Based Upon a Divorce Judgment, Years After Divorce
    By 2ubesock in forum Name Change
    Replies: 4
    Last Post: 12-30-2010, 04:07 PM
  3. Divorce: Divorce Judgment
    By femmenoir in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-25-2009, 08:53 PM
  4. Replies: 2
    Last Post: 03-06-2009, 11:06 AM
  5. Divorce: Getting a Divorce Judgment
    By kirk blake in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 02-08-2009, 08:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources