Final divorce hearing is this week, I'm moving back home overseas. I haven't requested alimony - only the $6000 he owes me - which he agreed to in mediation. Will the judge automatically request it or is it something I have to ask the judge personally at the hearing? Do I need to fill out the form or is it something the courts do??
I'm requesting because I know without it - I wont get my money back...or I will only get as and when my ex feels like it. Any information is greatly appreciated!
He agreed to repay in installments, but in mediation we ran out of time, so how those installments would be carried out wasn't specified on the document.
You should request entry of an income withholding order in writing.
Family Law Attorney
This should have been in your agreement. The judge can't enforce something that isn't in your agreement.
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Then your mediation agreement would appear to be incomplete. See a family law attorney, if you do not have one, about possibly having the Final Judgment amended to address this issue immediately.
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Divorce / Separation Lawyer
Figuring out the problem is at least half the trick of answering these questions. I take it he has agreed to pay you $6000 but the mechanism by which the payment is to be made was not spelled out. This means to me the agreement was not complete, and unless he is willing to a further agreement, the judge will not graft something onto the final order. My advice would be to get a lawyer to help with this problem.
The amount owed to you needs to be established as an arrearage (money owed to you) in the Final Judgment. Ask the Judge to do this but be prepared to show that he owes you this amount. During the same hearing, you may ask the Court to award you the amount payable by way of an Income Withholding Order as long as same is for back child support or alimony not any amount he owes you towards a debt such as a credit card or mortgage.
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