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Soon-to-be ex damaged and stole non-marital property ($110K). How can I ensure that a judgment be paid by him?

Kansas City, MO |

Am asking for payment of damaged home and pers. prop. as "property held by spouse". I understand that a civil judgment could be discharged if he filed bankruptcy. So I will seek all of it inside the divorce. I am certain that he will try to avoid payment by an means (unemployment/bankr.) Can the money be written as marital debt and as a maintenance payment with a time frame of perhaps 10 years? Then if money is not paid in that time frame, could I ask for balance to be taken out of his pension upon retirement? Marriage was a short time, but damage was extreme. Also a large disparity in incomes (his is 3x more- but he has no assets). How can I ensure that I get the money paid back? Can maintenance be written somehow regardless of re-marriage? I am wary of recoupment.

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Attorney answers 1


You need to discuss the issue in detail with a local attorney - what you've posted is insufficient for anyone to analyze the problem.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.



What else would give you more detail? Husband damaged my non-marital prop. and did not file an Answer, nor has he responded. He admitted damage and theft via text msgs. Filed all of this in different motions. Awaiting judges response.



Can maintenance and/or marital debt be paid in lieu of a re-marriage?

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