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jenniepepsi · Feb 11, 2011, 01:48 PM

Back in 09 I filed for divorce, did all the paperwork, and had him served. But then it was dismissed, because we were supposed to get a hearing date, but never did!

Now 2 years later, they took all 50$ of my state return, claiming its to pay for my divorce. But I just found out I'm still married!!

I am SO confused!! Someone please shed some light here?

JudyKayTee · Feb 11, 2011, 01:59 PM

Jennie, who took the money, what agency?

Because you are still married and didn't file an Injured Spouse form this MIGHT be for a debt "he" owes.

jenniepepsi · Feb 11, 2011, 02:04 PM

What's an injured spouse form? Neither one of us is injured I don't think.

The paper I got in the mail says the agency is 'superiour crt maricopa cnty coc" I called them and they said it was for my divorce! So I asked why I wasn't divorced yet, and he said he didn't know, he was very confusing.

Do any divorce lawyers do pro bono work?

JudyKayTee · Feb 11, 2011, 02:26 PM

Yes, divorce lawyers work at reduced rates AND pro bono - you just have to find them.

I should have been more clear. An injured spouse form means a "financial injury." For example, if your husband owed taxes the Government could take your money to pay those taxes unless you filed such a form.

I have NO idea what's going on with your divorce or why you suddenly got hit with a charge.

Somebody needs to straighten it out.

Fr_Chuck · Feb 11, 2011, 02:28 PM

If there were court costs, fees not paid, just because the divorce did not happen did not mean there were not costs

jenniepepsi · Feb 11, 2011, 03:32 PM

That's what the guy on the phone said chuck, but when I filed, I filled out a paper to have the filing fees waived because of financial hardships. From what I understood I wasn't supposed to be billed for it.

Judy, he doesn't owe taxes, unless he does from this year, cause we filed jointly and got a return rather than owe anything.

AK lawyer · Feb 11, 2011, 04:17 PM

Originally Posted by jenniepepsi

... i am SO confused!!! ...

You and me both, Jennie.

If the court is going to issue a writ and take your assets, there would have to be at least an order in the file. I suggest you go to the courthouse, ask to see the file, and find out for yourself what's going on.

cdad · Feb 11, 2011, 05:15 PM

The order appears to be dismissed. Since it ended without a hearing or trial and they closed the case there was a fee for that. The original paperwork for filing with no or reduced fee was only for the original its not a blanket "you get a free divorce" plan.

Seems they are charging a filing fee for the dismissal.

jenniepepsi · Feb 11, 2011, 05:25 PM

I hope not, that would be rediculas. Especially since they never TOLD me anything. I did the filing, had him served and then I never heard any word about anythign at all, or I would have done what I was supposed to do. And I never got any bills either, I just found out about it all when they took my state return. Are they going to take off my federal too?

cdad · Feb 11, 2011, 05:53 PM

Originally Posted by jenniepepsi

i hope not, that would be rediculas. especially since they never TOLD me anything. i did the filing, had him served and then i never heared any word about anythign at all, or i would have done what i was supposed to do. and i never got any bills either, i just found out about it all when they took my state return. are they going to take off of my federal too?

If they have jurisdiction to they will if there were more fees. But it will be by court order that they can take it.

jenniepepsi · Feb 11, 2011, 06:00 PM

So they have to have a court order to take it? I never saw any court order. I'm definitely going to go down there Monday and see exactly what is going on.

cdad · Feb 11, 2011, 07:17 PM

I wouldn't worry so much about the money at this point and I would put my concern to getting this divorce done first and foremost.

AK lawyer · Feb 11, 2011, 11:39 PM

Originally Posted by jenniepepsi

so they have to have a court order to take it? i never saw any court order. im definately gonna go down there monday and see exactly what is going on.

Let's put it this way: I've never heard of a court issuing a writ of execution, or a writ of garnishment, for debts owed to the court. It's usually for judgment owed to one of the parties. I can't say it would never happen; just that I've never heard of it happening.

On the other hand, when a writ is issued it can often be issued without notice going to the debtor. Which would explain why you never got notified.

jenniepepsi · Feb 12, 2011, 03:49 PM

Well I don't owe the courts any money, other than the filing fee I had waived when I filed for the divorce. Ill find all of it out on Monday and let you guys know what they say.

JudyKayTee · Feb 13, 2011, 07:33 AM

Well, you're not in NY so this probably has nothing to do with anything but in NY if the Court costs are waived and you don't follow through with the divorce you have to pay the costs back.