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Alimony and bankruptcy question

Started by vetswife, Oct 26, 2006, 04:06:06 PM

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vetswife

I seperated from ex and raised my dd6 from birth to 18 mo when judge granted full custody to her to quote, "punish" me for having an affair during our marriage.  At the time of seperation, I owned a business in which ex was the guarantor on the note.  I wound up having to file bankruptcy due to business failure.  The debt was discharged through Fed. Bank. Court.  In the divorce, she said she didn't want to be responsible and the court ordered that IF she had to pay any of the debt, he'd make me pay it in alimony.  The bank got a judgement against her, (she worked out $1000 month payment) but has not contacted her or required payment from her in over three years. She has never paid a cent.
 
I recently sued ex for custody of our 6 year old daughter.  Abuse has been reported 7 times and 3 forensic experts testified that she is abused by her mother.  The judge has always hated me and denied my request to change custody.  I am appealing, but have spent $30 grand in this battle.  

The day after his decision, ex filed a contempt order for failing to pay the alimony - money she has never been required to pay.  Isn't there some kind of protection from the bankruptcy court to make sure that the debt remains discharged?  Wouldn't this be considered a transfer of debt?  (The judge ordered several changes to try and financially destroy me so that I cannot follow through on the appeal.  He has even leaned on my attorney's firm to w/draw.)  What do you think?

socrateaser

 What do you
>think?

Assuming you are accurately representing the facts, I'd say that the judge has acted outside the scope of authority and could be subjected to a civil rights suit in federal court for violating your due process rights.

You should take your story to the biggest media outlet that will listen. That will get you the sort of attention that will bring public scrutiny on the judge, and a high-powered legal firm to represent you in the civil rights action.

And, if you're not telling the truth, then you will discover that no one's interested.

vetswife

Socrateaser,

I've got the court transcripts to prove all of this.  I've contacted about 23 different media outlets around the country, no one will return the messages.  Except one guy, he told me to dress up like a superhero and stage a protest on top of a building.  But, I need to stay out of jail to keep my license to practice and protect my daughter...

I guess at this point, I'm looking at having to refinance my house and borrow 125% to try to settle this.   I just don't get it, the order says, "If ex-wife is required to pay any money discharged on (my) bankruptcy, then it is a material change in circumstances and he will pay all of ex-wife's payments, as well as her increased income tax liability."  She testified in June she hasn't had to pay a cent.  When her attorney asked if I'd made the payments, I said no.  Juged looked at me and said, "It is obvious you have no respect for this court."  Huh?  Attorney thinks that he wants to punish me for appealing his decisions.

By the way, my daughter was abused again last Thursday, (she confided to me on the phone, I recorded it) no response from CPS a week later.  

socrateaser

>Socrateaser,
>
>I've got the court transcripts to prove all of this.  I've
>contacted about 23 different media outlets around the country,
>no one will return the messages.  Except one guy, he told me
>to dress up like a superhero and stage a protest on top of a
>building.  But, I need to stay out of jail to keep my license
>to practice and protect my daughter...
>
>I guess at this point, I'm looking at having to refinance my
>house and borrow 125% to try to settle this.   I just don't
>get it, the order says, "If ex-wife is required to pay any
>money discharged on (my) bankruptcy, then it is a material
>change in circumstances and he will pay all of ex-wife's
>payments, as well as her increased income tax liability."  She
>testified in June she hasn't had to pay a cent.  When her
>attorney asked if I'd made the payments, I said no.  Juged
>looked at me and said, "It is obvious you have no respect for
>this court."  Huh?  Attorney thinks that he wants to punish me
>for appealing his decisions.
>
>By the way, my daughter was abused again last Thursday, (she
>confided to me on the phone, I recorded it) no response from
>CPS a week later.  

Appeal the decisions as an abuse of discretion (or dress up like a superhero and stage a protest on top of a building).

Seriously, you are framing your discussion as if the entire world, not just the legal system is dismissing you as a malcontent. If that's what you really believe, then you need to see a therapist and confirm that you are not delusional.

I'm not saying that you're nuts, either. I'm just saying that if you are the only person in the world who sees your circumstance as completely reasonable -- yet no one else does -- you must to confirm your own ability to objectively analyze your circumstances.

The primary legal avenue is an appeal. It's expensive, but if you have been railroaded, then the appellate court will reverse the trial judge.

You should also move to have the judge disqualify himself from the case for bias, and present the record showing the bias, and then appeal that too. You've nothing to lose here, because the judge is already biased, so he's not gonna like you less than he already does.