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I was married two years NO kids, Got divorced and signed a document to push through the divorce awarding my ex several k.

Medford, MA |

At the time I just wanted to get it over with. Both of us are under 30.... one in school one unemployed. NO kids no NO assets aquired during marriage. I personally have money in the bank from working 1099 jobs. She is in Grad school. I have not had the cash to pay the agreement now she is having me served. What is the worse case scenario of this?. I've considered to just avoid being served and let her keep paying to serve me. I paid most things when we were married and just decided to do whatever to get out. I came from a well off family that does not give away to their kids. Her family chased mine for money constantly. I'm not personally rich and as I understand you cannot get blood from a turnip
What will happen if I take the papers and show up in court with no income?

Attorney Answers 5

Posted

First, avoiding service knowingly, can result in orders that you pay for the costs incurred in trying to have you served, which the more you avoid, the greater they will be. Second if you do this beyond the hearings having to cause a continuance, the court can sanction you.

The problem is it doesnt matter why you agreed to it, to just get out, is not because you were under undue influence, fraud, duress or forced to do anything you didnt want to. You made an agreement and now it is a judgment. You cant run from this forever, and the longer you do, the more interest will accrue. You need to get this satisfied and get it over with, like you said.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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Asker

Posted

Until she quits? or runs out of money serving me?

Asker

Posted

Or I let a judgement happen and pay nothing

Asker

Posted

Above is pointless because you just answered if I avoided the end question was "What will happen if I take the papers and show up in court with no income?"

Daniel Seth Williams

Daniel Seth Williams

Posted

Then you will be put on a payment plan or could have assets seized. Look, as attorneys our advice is not to tell a litigant something that they want to hear, but often is what they dont want to hear. This is not like the movie "Jacob the Liar," you made a deal, and now you must satisfy it. So as YOU said, you need to find a way to get it over with.

Asker

Posted

Understood thanks for your input.

Daniel Seth Williams

Daniel Seth Williams

Posted

No problem, giving bad news is never fun, but I have done this long enough that most judges are gong to see a judgment and unless there is some extremely unjust reason in keeping it in place, dont want to spend more time our resources addressing the case again. Plus there are legal terms such as estoppel, laches, and res judicata that apply. While you may not have wanted to hear this, i hope my honestly earns the distinction of a HELPFUL and BEST ANSWER click.

Howard M Lewis

Howard M Lewis

Posted

great counsel

Posted

The answer depends on the language of the divorce agreement you signed, which should be reviewed by an attorney. It also depends on whether the amount you have to pay is part of a division of assets or payment of alimony. If you have money in an account, then the court could determine that you have a source of money for payment- even if it's partial payment. Thereafter, you could be placed on a payment plan. Again, depending on the language of your separation agreement and if your payments are for alimony, you may be able to file a complaint for modification citing a substantial and material change in circumstances from the date of the agreement to the present time. In order to proceed successfully in this manner, the payment requirement of your agreement must have merged into the judgment of divorce and not survived as an independent contract. If your payment is part of the division of assets, you will be obligated to pay her, unless the timing of these events is recent enough to file post-divorce motions; this option can only be done in limited circumstances and you should consult an attorney soon to determine if it is too late. If you are found in contempt, you could be ordered to pay her attorney fees and costs for the contempt proceedings. Since contempt documents do not have to be served in hand and can be left at your last known residence, you may have been adequately served already. As I stated previously, you should have your agreement reviewed by an attorney to determine what options, if any, you may have to delay payment or avoid it altogether. Good Luck

DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or create an attorney-client relationship and the information provided does not constitute full analysis of any specific matter.

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Howard M Lewis

Howard M Lewis

Posted

Great counsel who still owes me an endorsement

Posted

I am sorry that you are going through this. Attorney Mavrides gave you an outstanding answer and she is one of the finest attonreys in MA. I would not just let this sit, either file a modification or negotiate this with her. The worst case scenario is a contempt and you don't want to have that happen if you can avoid it. A modification if it is justifiable is probably an option. Take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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I don't understand the game you're playing. The sooner you get divorced the better off you'll be. Instead of wasting your time go hire a lawyer.


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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Posted

Without reviewing your agreement, it is hard to know whether you are in compliance.

If you have money in the bank to satisfy your obligations under a divorce agreement, and you refuse to, you will be found in contempt of court and can face sanctions, including attorney's fees and other unpleasant punishment by the judge.

Get an attorney and get this taken care of before a judge has the opportunity to consider the matter.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.

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