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He served me papers!

TheKarmaTrain posted 6/12/2019 09:58 AM

I got a call from a US Marshall which I believe is related to alimony modification papers since I got a new job and just got back from Paris with my boyfriend which clearly thru the ex douchebag over the edge. Is this how this normally goes down? I would have thought his lawyer would just contact mine. How do I accept the papers? I dont want this guy coming to my office!

MamaDragon posted 6/12/2019 10:14 AM

Contact your local Marshall's office and ask if you can go there and pick them up or if they will meet you at the Lawyer's office.

Normally they try to serve you at home first.

Catwoman posted 6/12/2019 10:14 AM

Why would a US Marshall be serving paperwork?

Normally, that's done by the sheriff or hired process server in the jurisdiction.

Cat

TheKarmaTrain posted 6/12/2019 10:23 AM

Hes plain clothed so Im meeting him outside my office later. This takes the cake for douchey things hes done.

sparkysable posted 6/12/2019 14:11 PM

Let us know what it is?

WhoTheBleep posted 6/12/2019 14:47 PM

Don't meet him alone. Bring someone with you. I don't trust anyone. Better yet, meet him at the local police precinct.

[This message edited by WhoTheBleep at 2:48 PM, June 12th (Wednesday)]

TheKarmaTrain posted 6/12/2019 21:05 PM

So the mother fer is taking me to court. To contest alimony and child support, hold me in contempt for having him on my mortgage (something weve agreed on up to now) and wants me to pay all his lawyer fees.) Meanwhile I have one of our kids 100% and the other 75%. The balls. Hes so pissed to see me happy and thriving and rebuilding. Lawyer tomorrow. No contact until.

FamilyMan75 posted 6/12/2019 21:23 PM

To contest alimony and child support, hold me in contempt for having him on my mortgage (something weve agreed on up to now) and wants me to pay all his lawyer fees.)

Do you have that in writing?

Shockedmom posted 6/12/2019 21:25 PM

Take him to the mat! Jealous and petty actions just because you have moved on...counter sue and make sure you have a shark of an attorney.

StillLivin posted 6/12/2019 23:40 PM

If it's not in writing that you have to take him off the mortgage and he didnt submit a quickclaim deed, your attorney will laugh at him. You aren't in contempt if you were never ordered to do such.
However, it might be prudent to petition him for the quickclaim deed and look into refinancing your home now that you know he's going to do stuff like this whenever the mood strikes him.

Catwoman posted 6/13/2019 04:59 AM

If it's not in writing that you have to take him off the mortgage and he didnt submit a quitclaim deed, your attorney will laugh at him. You aren't in contempt if you were never ordered to do such.

This.

However, if you were supposed to take him off the mortgage and refinance on your own and you have not, you ARE in contempt of court.

If you are indeed in contempt, the best way to resolve that is to refinance and put the house in your name only. To do that, he will need to sign a quitclaim deed (if he has not done so already). If he hasn't signed the quitclaim, then you cannot take him off the mortgage. It's as simple as that.

If you have the quitclaim and can refinance, do it ASAP. He then cannot claim you are in contempt.

With regards to the child support and alimony, he may be barking up the wrong tree there, but your attorney should be able to let you know what is customary in these cases.

If it has been less than a particular period of time (this varies by jurisdiction), he cannot petition for a modification unless there is a dramatic change in circumstances. Is that the case? Is there a change in circumstances? Are you making considerably more than you were when the divorce went through?

It all goes back to what your decree says.

Cat

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