Awarded 401k in divorce, cashed in, can it be considered income in a CS reduction matter

Wed, 24 Jun 2009 09:15:18 -0500

Greetings,

To make a long story, short....

My ex was awarded his 401k in the final divorce decree... he lost his job the next day (6 months ago) and is now asking for CS/Alimony reduction/termination hearing.

Less than a week after his filing, he cashed in the whole 401k worth 42k.

Would this be considered income for this year?

Could this be brought up at the CS hearing? He has never paid on the loans in both our names I was awarded to date... I have been carrying the burden so my checking does not get locked...

Requesting a continuance

Wed, 01 Jul 2009 12:05:12 -0500

How do I request a continuance for a custody modification hearing? I am representing myself in Florida.

In Florida, Can a custody lawsuit be dismissed before a hearing?

Mon, 29 Jun 2009 06:05:10 -0500

I have to answer this week to a custody suit my ex filed to have custody of our almost 18 yr old and her infant. I don't mind her living with him since that's what she wants after being dangled with she can have his apt while he moves into his new house. I asked him to drop suit and I will modify parenting plan to state no one pays child support when she reaches 18 since she will be self-sufficient money-wise. He said no. Now we have to go to mediation at $120 an hr with cost being shared between us. This is ridiculous. Right now I'm dealing with child neglect case between teen and Dept of Children and family Services. Her dad only wanted her after he learned of her settlement. I typed an answer to lawsuit and will mail on Weds. I have so much evidence but only answered that I disagree with some of what he is claiming. Can this be dismissed before going before the judge or while in front of the judge?

Pro-Se need to know a few counterfile forms to use!! HELP!

Thu, 25 Jun 2009 23:32:46 -0500

I'm filing pro-se to his motion to reduce/terminate child support/alimony.

I have LOTS of forms already filled out and ready to go... what i need to know is what I can file as he has failed to maintain life insurance, pay on two loans. What are the forms for that? Also, since he's petitioner for the reduction hearing... and i file those, i'd be the petitioner on those?

Also, he has produced documents, but I know that two days after he filed he withdrew all his 401k and I would like that disclosed as he says he's broke, and he's sitting on 40k... I would file a request to produce for that, and a account i believe he has hidden money over on to. (shows xfers on his checking, but it's not one of his account and more than 10k went into it a month before filing). What file would/will I need, and would i be respondent or petitioner? to this one?

Child support for not american kids but father is it a legal USA resident and lives in FL

Wed, 24 Jun 2009 21:47:57 -0500

I'm from Ecuador divorced with 2 kids ages 10 and 14, I was married for 5 years from 1993 to 1998, since 2003 my ex husband moved to Florida he is a USA legal resident, he is not sending child support in regular basis, I have to call him many many times and at the end i receive 500 sometimes 800 in total for my 2 kids, also during school vacations he doesn't send anymoney to us (here in ecuador school vacations last for almost 4 months!), he claims that he has no money but I know he is living a good life over there, my question is: is it any legal way to claim child support for my children even if they are not americans and live in a foreing country, but their father lives in USA?? please help!

Can Ex get away with filing lawsuit for custody of 17 yr old?

Sat, 20 Jun 2009 16:31:12 -0500

My dau who is 17 with a 3 mos old baby has been in my custody since birth. My ex tried to take her prior to divorce being final in Jan 09, but loss. He filed a injunction against me OBO our 17 yr old but she still lived with me. Judge threw the injunction out b/c my ex did it out of revenge from a court ruling against him. I was served 3 days ago for lawsuit for custody. I have 20 days to respond. My dau turns 18 in Oct and will began getting checks from a settlement. My dau says her dad said he could get $900 a month out of me if he wins. Tell me this can't be? He told the Dept of Children that she could not live with him when they asked if she could stay for a cooling off period. She stayed 2.5 weeks and he said she had to go. So it was not ok at that time for her to return to my home so I sent her to my son's house for 3 weeks and now she is returning today. Now that he's learn of her settlement he wants custody? She can just go stay with him. We had not set parental visitation as it was stated she can go between the two homes as often as she decided. Why can't she just go and come as she desires vs. filing for custody of an almost 18 yr old. OMG, will this ever end??

Divorce with an Upside Down Mortgage

Thu, 09 Jul 2009 15:03:55 -0500

My wife and I are talking divorce and we are upside down in our home by approximately $50,000. What are our options for splitting up the excess debt? I would like to keep the house, but I'm not willing to let her off the mortgage without paying for her half of the negative equity.