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Newest Member: Clorissa (44728)

Divorce/Separation Post Reply     Print Topic    
User Topic: Do the appeals ever stop?
Bringiton
♀ New Member
Member # 40984
Default  Posted: 5:03 PM, May 3rd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

Happy Spring everyone. I feel finally like a tree starting a new season of growth , peace and happiness in my new almost divorced life and am hoping many of you are feeling the same. It's taken a long time but I can finally say " We are never ever getting back together", and really mean it with all my being.

If anyone can share their experience with me on your stbx appealing every judgement regarding alimony I would very much appreciate your wisdom.

We went to court initially and a temporary order was put in place. He appealed. While they figured out the final order he got fired from a 100k a year job. How convenient.

They came back with a final judgement of keeping the original monthly amount and didn't include rental income from his inheritance due to his current financial situation.

He has now appealed that and I go to court the end of May. He has also since losing his job become a born again Christian and tried to reconnect with our adult children and grandson. If it's him really trying to change his life awesome good for him but I see it as trying to manipulate the system and pray the court sees through the charm and bullshit. This is all within. 3 weeks time the losing the job and finding God.

I have an excellent attorney that I have complete faith in and know I have to trust the process and whatever happens is meant to be. I will be contacting him this week to try to keep the judgement as is and add the 10% inheritance when we go to court.

My stbx 's goal is to get it based on no income or unemployment. What are the chances of that happening? Right now I basically have a piece of paper and he's in arrears of $7500. So really I'm not getting anything anyway.

Any advice or wisdom would be greatly appreciated. Have a great weekend.


Be brave. Believe in your goodness and don't ever give up.

Posts: 20 | Registered: Oct 2013 | From: N. E. P. A.
momentintime
♀ Member
Member # 16394
Default  Posted: 5:30 PM, May 3rd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

He won't get zero income as his basis for alimony. It will be based on his earning potential and past history. He is dreaming if he thinks he can weasel out of this. Let him spin his wheels. Trust your lawyer. Full speed ahead, and put those shields up!


BS-me FWS - him
D-day 8/04
R'd

"Global editing disclaimer - I edit almost everything I post, and I am not going to post why every time."...re: Bionical girl


Posts: 2941 | Registered: Sep 2007 | From: New York
betrayedfriend
♀ Member
Member # 19785
Default  Posted: 5:37 PM, May 3rd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

Start putting in there for him to pay your lawyer fees. And have your lawyer complain that he's just trying to avoid his obligations.


I originally joined SI as a way to help my best friends find ways of coping with infidelity, but now infidelity has touched my family much closer to home.

Posts: 865 | Registered: Jun 2008 | From: Midwest USA
roughroadahead
♀ Member
Member # 36060
Default  Posted: 6:18 PM, May 3rd (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

Yes, eventually. If he doesn't like the appeals court ruling, he can maybe apply for reconsideration in some form, and then to your state Supreme Court. Both of these petitions are usually denied, but you would still need your lawyer to write something in response. He can certainly appeal more than one order, as long as it is a final order.

Hang in there, it is mostly an annoyance. An expensive annoyance, but probably not in serious danger of being overturned if he is appealing to get it calculated on zero. Of course, your attorney is in the best position to advise you of the issues involved.


BS-Me 30s
WS-Him 30s
D-Day 4/2012 (Insisted EA only)
D-Day 5/2012 (Did I say EA? Ummm..)
Numerous other TT/broken NC d-days until S 1/2013. D settled 11/2013
MOW-coworker, 40s.
2 DS and DD all w/autism

Posts: 729 | Registered: Jul 2012 | From: USA
Topic Posts: 4

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