Divorce 7/2009; Now He Has Filed A: "Motion for Contempt of Court and Costs"
Updated on
August 12, 2009
P.M.
asks from
Wyoming, MI
6
answers
Need Legal advice; it's been 23 months since he has moved into our family home. Now my X has filed another Motion against me, says I left our family home in a mess, after I moved out. He has pictures, but there is no date on them, I did not leave the house in the state seen in the pictures. Seems every thing that he says is Not True, but I'm the one that has to prove otherwise.
I have a 5 year PPO on this guy; he has been abusive for most of that time.
I just wanted this 30 year marriage over and I have moved on, seems he is unable to let go. This divorce process was supposed to take 60 days; it took 13 grueling months and cost me $20,000.00, and I was told this would be an easy divorce since all the children were over 18 years of age.
Any information or suggestions would be greatly appreciated.
Need an Aggressive Attorney. Went to Court and the Judge suggested I get Council.
But my X didn’t walk out of court with a check in his hand, from me, like he though he would. His lawyer was Ordered by the Judge to check the Statue of Limitations; the Judge gave him until September 21, 2009. Of course another Court date.
The Judge thought 24 months after he moved into the marital home might be a little too late to have filed this motion. My X wanted the house. He got it, he also knew what he was getting, he wants me to make all the repairs that should have been done years ago, we lived there almost 30 years, and he never did anything.
Also, his lawyer handed the Judge and I a long list of items that he wanted. There was nothing in the Settlement Agreement about any of these items. Some of the items on the list, I have not been able to find since the first time he left the house in 2004. The other items are listed on the Settlement Agreement, and they belong to me.
The next Court date is on October 21, 2009, this is another settlement hearing. I was told by my Divorce lawyer that once you have a Settlement Agreement, that’s it.
My feeling is that he’s broke and needs money. I have been supporting him since he quite his job in July 1998, until I got a PPO on him in April 2006, I now have a 5 year PPO on him.
Yes, he is on SSI and has a better income than I do, and I work full time!
More Answers
A.H.
answers from
Lansing
on
I am so sorry you are going through this. My mom was in an abusive marriage also and it took a couple years before the divorce was final. It has been over five years now but my dad talks like he just got a divorce and makes excuses for why she divorced him. A couple of weeks ago he said my mom divorced him because he lost his hair. I actually laughed and he said "I'm serious". I get tired of him making excuses and lies. Again I am very sorry you have to go through this my only suggestion is to remain strong and have faith in the fact that you left an abusive relationship.
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S.C.
answers from
Detroit
on
Hi P.,
This guy just totally doesn't make sense. Why in the world would you go against your own ppo to go trash a house he is in? If he's trying to show damage from when you were there why did it take him 2 years to file? He's grasping at straws to do his best to continue to control you and be a part of your life. Get a good attorney and let he/she take care of it. If he should continue with frivilous lawsuits, let him try. The more he takes you to court and has stuff thrown out the more likely you'll be able to file a defemation of charachter and harrassment suit against him. That can extend your ppo, too. You said your kids were over 18, right? Talk with them. They can be your collaboration the house wasn't left in the state your ex is trying to pin on you. If you're good friends with neighbors near your ex's house talk to them, too. They can attest to the condition of the property before you left as well as how it is now. (Is the yard kept up? Is he always in and out neglecting the property? Have there been rescue/fire people there? etc...) First things first, though, get a good attorney. Your divorce attorney is a good place to start. He/she already knows what you've been through with the divorce and how much of a pain in the butt your ex can be.
Hope this helps - S.
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S.M.
answers from
Saginaw
on
Hello P., Your ex is still trying to control you through the court system. Point this out to the judge, and explain that you did not leave the place a mess. If he loses the case he has to pay the court fees, not you. But if he wins then you have to pay. Try to have as little contact with him as possible. That is what he wants is to still be able to talk with you and see you. He sounds obsessed. Good luck.
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P.N.
answers from
Detroit
on
you need to speak with a lawyer... mine is:Alton Law Firm PLC Wendy S. Alton
Attorney, Owner
###-###-#### ext. 11
Email: ____@____.com
Twitter: @WendyAlton
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K.S.
answers from
Grand Rapids
on
If there is no date on the pictures it is going to be hard to prove when the pictures were taken and as another commented how does anyone know maybe he trashed it himself. If he has been living in the family home for 23 months then why are these pictures and this suit just now materializing. If there was any factual grounds for this case he should have filed it back then and not now. The timing may also be on your side and if the judge is any good they will see this He does want a reaction from you and he is getting it, be strong and try not to let it get to you. If you don't have a lawyer already I would get one and they maybe could bring this some closure.
Good luck and God Bless you with this situation, be safe
K.
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K.V.
answers from
Grand Rapids
on
Unfortunately I don't have any advice but good for you for having the strength and courage to get out! What a battle..
