Hi Soc.........

[medicaldoc]

You may remember me from a couple of years ago on dnet.  I'm still around generating one conundrum after another.  I've a question for you based upon my current stalemate.   My original decree was in MO.  The ex and kids subsequently moved to KS.  I moved to NE last year, and have been on Social Security Disability for about 18 months.

The ex wouldn't relinquish one dime of either the CS or alimony coming in, so I filed motions to modify CS in KS where the kids live, and to terminate alimony in MO (the court of original jurisdiction).

I got a completely favorable ruling from the magistrate on CS about six months ago--- he terminated CS and ruled the ex owes me a huge chunk of over-paid CS.  My ex appealed, and although the hearing was almost 5 months ago, no ruling has issued yet.  

At the same time, the ex's attorney injected the question or jurisdiction at this hearing.  This has allowed the judge in MO to sit on my alimony case until such time as there is a definitive ruling from KS on the issue of jurisdiction.

The jurisdictional issue is a no-brainer, and I suspect what is holding things up in KS is just poor work ethic on the part of the judge.  Neither my KS attorney nor my MO attorney have any constructive thoughts on how to get off high-center.  I've been told that there is no way to force the judge to issue judgement until  a LONG time goes by--- "perhaps a year or two."  

Any thoughts would be welcome.  

[socrateaser]

Well, you could file with the KS appellate court for a alternative writ of mandamus, basically demanding that the trial court judge appear and show cause why no ruling has issued.

You could also file a motion for voluntary recusal, and ask the KS judge to remove himself in the interest of justice, if he is too busy to complete the case (which just MUST be the case, since he's had 5 months, don't cha think).

Other than that, I don't know the specifics of KS law to come up with some statute or rule that would help, and your KS attorney would know if any existed.

I don't see a jurisdictional issue on the child support matter. If no one lives in MO, and there is no motion pending on CS in MO, then you can submit to KS jurisdiction and move to modify, which apparently, you have done.

On the spousal support issue, seems to me that you would be better waiting to see if you're victorious in KS, because if you are, that would go a long way to show that your ex is a loaf, which would help with the support termination.

Glad to see that you're still alive. Good luck.

[medicaldoc]

Thank you Soc.  I will ask another question or two of both attornies based upon your comments.  I filed these motions two years ago.  Awaiting the leisure of the courts to review both matters, I paid in a lot of money I will now likely get "awarded" back to me.  It is beginning to appear that the last laugh may be mine after all.  My health is pretty good again, she's spent every dime and is in bankruptcy.  So what do you think the chances are I'll collect the money I'm owed?  This last question was purely rhetorical.

Best,

[bananas]

Medicaldoc?!?!? Is that YOU?!?!?  OMG, I was wondering what happened to you!!!  You probably don't remember me, but I posted as "dispatch" on DNet.  I am so glad you are still around!

[medicaldoc]

NM

[socrateaser]

You should call/write the Tom Leykis radio show and tell your story. I'm sure he'd put it on the air.

Anyway, if you actually sustain your judgment for arrears, it will survive her bankruptcy, you can continue to force the issue for the remainder of her days. Of course, she'll probably continue to avoid earning income, just to spite you, but, hey, all's fair in love and war.

[medicaldoc]

This will be the second time I've won a large arrears against her.  The first, you might remember, was whenI had the cancer and couldn't get into court to get a motion to downmodify heard.  This was during the time that my disability insurance carrier refused to pay and I kept getting arrested for failure to pay CS and my house and car and a chunk of my pension plan got garnished.  

You know, after I got through all of that, I won a large out of court settlement against the insurance carrier.  Because of the problem I'd had with seizure of my assets (It was oh-so easy to do) I decided to form an offshore LLC.  Not to hide assets from exposure to paying CS, but to protect myself against intrusion into my nest-egg by the judiciary.  I hired a law professor at the Univ of Kentucky, renouned in the industry, to form the company.  He suggested I also move the remainder of my pension plan there.  So in time the LLC was ready and I began to move the assets.

The day I moved the insurance award, my bank misrouted the funds.  Because of the misrouting the money was sequestered in an uninsured account in Hamilton Bank in Miami, Fla.  This just happened to be the day the FDIC stepped in and closed Hamilton bank, Jan 11, 2001.  I was told "have a nice life, your money is now property of the US Treasury."  Enter the lawyers.   Half a year later I got a favorable ruling and the money was returned to me.  More grey hair.

Then the US administrator the U of K attorney hired to handle my pension plan embezzled the sucker, and that money is now under seizure in a bank in Austria.  The FBI has been "investigating", but two years later the dude hasn't even been charged, and he took my money and over $20M of other people's money.  Fortunately for me, the attorney had malpractice insurance, so I settled ina heartbeat with that company and now they get to chase this tarbaby around. I'm out.

Publishable?  Probably, except I doubt if anyone would believe the things that have happened to me since divorce.

Best,