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
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
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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.
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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.
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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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