Here is the crux of the matter:
Ex-wife fruadulently induced me to sign a stipulated settlement
agreement. I agreed to pay family support. I have never handled my
own business finances and had my ex just take the money out of the
business account. She did, but not at the amount we agreed to,
significantly less. She waited 3 1/2 years before declaring to DCSS
that I was in arrears (although she could have taken it when she
wanted to). I have since had all my assets frozen, bank accounts
levy'd and have nothing left. I want to declare bankruptcy but have
been told that alimony and child support are not discharable.
But, I have also heard that there is a way to dispute that the
"alimony" part of the family support payment was intended or needed
for support, and was therefore really a property settlement, and THAT
is dischargable.
My ex-wife, immediatley after our divorce (I believe immediately
BEFORE, but that's another story) bought a business with her boyfriend
and has since lived on $300K per year tax free (though corporate
writeoffs of personal expenses). With all this information, it should
be reasonable to prove that she did not need it for support. So, what
I need is a referral to an attorney who has proved this before and
gotten that portion of the judgement discharged, or someone who has
another way to do it.
Bonus if you can find me that person QUICK, and they have been given
the above scenario and are willing to take on the case. |
Clarification of Question by
mrdacmalma-ga
on
13 Jul 2004 10:32 PDT
HEFTY Tip after confirmation of attorney referral.
|
Request for Question Clarification by
pafalafa-ga
on
14 Jul 2004 05:58 PDT
mrdacmalma-ga,
Haven't had any luck yet finding you the right attorney, but I did
have a question on a related matter.
In one of your other questions, you said: "...a year ago, I
found an opinion by a Supreme Court Judge regarding setting aside a
Support Order/Marital Settlement Agreement..."
My question to you is: Have you looked for this document on your own
computer? Many files get stored for ages -- ususally (in a Windows
system) in both the "History" lists and in the Temporary Internet
folders. Have a look in your own PC and see what you can find.
Let us now what you come up with. If you need help with the
searching, post a clarification to your question to let me know.
pafalafa-ga
|
Clarification of Question by
mrdacmalma-ga
on
14 Jul 2004 07:38 PDT
Yes I did look. It was only a few weeks later that I discovered the
file was not saved as an acrobat file to the hard drive (easier to
print to acrobat than save a web page or bookmark). I searched the
entire hard drive and history. Unfortunatley, I am in the tech
industry, and have processor warp speed programs on the computer that
consistently defrag and delete unneccessary files. I guess that was a
mistake.
What I remember was the case in the top section, then a box below with
a commentator talking about the case, and in the commentators box, was
a quote from the justice saying that they could not simply set aside a
portion, they had to set aside the whole matter.
|
Request for Question Clarification by
pafalafa-ga
on
14 Jul 2004 07:41 PDT
As long as your searches included your hidden files as well as your
visible files, then it sounds like you've covered the territory pretty
fully. Hopefully, one of the researchers here will be able to come up
with the specific case you're looking for.
paf
|
Clarification of Question by
mrdacmalma-ga
on
14 Jul 2004 09:04 PDT
I hope so. I'm usually very good at research, but it appears this was
on a website that changes it's content so now the opinion has to be
found elsewhere.
Thanks!
|
