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spike1450 · Oct 10, 2008, 10:45 AM

As part of my divorce decree, there is a judgment that I must pay an additional $5,000 to my ex-husband by April, 2009. I have tried everything humanly possible to raise the money. With the state of the housing market here in Florida, I have no equity nor can refinance. My debt to income ratio is so high due to my legal fees-$17,000 (by the way, he wanted the divorce), so I cannot even qualify for a credit card. Is there a Motion I can file on my own stating my financial situation and hope that Judge overturns this judgment? I got the house and he got all the savings ($23,000) and I have to pay the additional $5,000.:(

ScottGem · Oct 10, 2008, 10:51 AM

I think you can try to petition the judge for an extension, but not to overturn.

spike1450 · Oct 10, 2008, 11:53 AM

Do they ever overturn or are judgments written in stone? Just file for an extension is the only way to financially get around judgment? Thanks.

ScottGem · Oct 10, 2008, 12:02 PM

I can't see a judge overturning a judgement because the person doesn't have the money. The most they will do is give more time.

spike1450 · Oct 10, 2008, 12:08 PM

The Judge originally ordered the payment as reimbursement for the down payment on the house of which I contributed $10,000. However, I supported him for 18 months while he was in nursing school. If I could provide evidence that he has been repaid, would that be reason for the judgment to be overturned? Or better, yet, what does it take to have a judgment overturned?

ScottGem · Oct 10, 2008, 12:13 PM

Without seeing the exact terms of the settlement I can't answer that

spike1450 · Oct 10, 2008, 12:29 PM

The terms of the settlement were that I was ordered to repay half the downpayment and there was $7,000 left in savings-he got that and I had a year to come up with the remaining $5,000. With the savings that he received from the refinance of a house that was in my name only, he ended up with $19,500 and add the $5,000 to that and he will have received all of the down payment of which my $10,000 part never was considered.

excon · Oct 10, 2008, 12:29 PM

Originally Posted by spike1450

Or better, yet, what does it take to have a judgment overturned?

Hello spike:

It takes an appeal based upon a mistake, or on evidence that wasn't available at the time. That isn't your situation. The time to have brought up your support argument was during the divorce. If you had this evidence THEN, but didn't bring it up, you can't bring it up now.

Plus, the appeal would have had to have been filed shortly after the judgment was rendered.

I think you're dead on all three counts. I don't think there was a mistake, you don't have any new evidence, and you've missed the deadline for an appeal.

Therefore, in my view, you won't get the judgment set aside. I don't think you'll get any relief at all, frankly. But, it surly can't hurt to write him, though.

Excn

Fr_Chuck · Oct 10, 2008, 12:41 PM

Yes, something had to be wrong at trial, just not being happy with the verdict or not being happy with the payment.

In the end, first there is time frame after a court case to even file an appeal. And even for that an appeal has to be based on some legal fact, some evidence not presented properly or some legal procedure not followed.

I am sorry but the best you can expect is an extenstion in time unless the ex is willing to forgive part of the debt.

spike1450 · Oct 10, 2008, 12:45 PM

I screamed at my attorney for not bringing this information up-but his wife (Family Law) had a baby and felt that her husband (Criminal Law) was on good terms with the Judge. When it was all said and done, he apologized for how the judge ruled. When I asked him why he never brought up me supporting him for 18 months, he replied "that's irrelevant." I did not agree and so he filed a motion for a re-hearing and it was denied. He wanted an additional $10,000 to appeal it and I am broke after charging $17,000.

JudyKayTee · Oct 10, 2008, 01:00 PM

Originally Posted by spike1450

Do they ever overturn or are judgments written in stone? Just file for an extension is the only way to financially get around judgment? Thanks.

No, you would need an error to overturn it. Divorces are this side of impossible to overturn, error or not - the property settlement is part of the divorce and no Judge in his right mind (and there certainly are a few who are not) is going to set aside a divorce and cause all sorts of legal problems in all sorts of directions.

You could possibly get an extension of time to pay - you would have to file a Motion.

Fr_Chuck · Oct 10, 2008, 01:00 PM

Yep, sounds like you needed a better attorney but that is also not grounds. In the end in bad divorces, there is always one side that wins and the other side the things it was not fair.
** but then law is not fair it is legal to what the judge decides.

spike1450 · Jan 20, 2009, 07:06 AM

I have filed my own motion and a hearing has been set for March in front of the new judge that took over January 1st. I put in my motion all the money I put into the house and the fact that was never brought up in court that it was an agreement between us that he would supply some of the down payment if I put him through school which I did with total support for 18 months. I doubt that my motion will make any difference and if not, I have no recourse but to file bankruptcy and his $5,000 will be included.:mad: