A
ato913
Guest
I need some help regarding spousal support. My Ex asked for spousal support and
in Oct 2000 we had a hearing. One of the issues that my attorney raised in the hearing
was the my ex had an inheritance of $500,000 which her mother left to her and her
4 siblings. They counter saying that it was tied up in probate and it had not been
settled. The judge bought it and I was forced to pay temporary spousal support.
I later did some research and went to Civil District Court in New Orleans and
found the records and discovered that a judge had in fact signed the will
in June of 2000 issuing a Judgement of Possession. Even the Executrix had waived and
relinquished all fees on compensation that she may have been instilled to as executrix.
I had a settlement conference hearing 2 days ago and my attorney stated these
facts in the court records among other things. Both attorneys met with the judge and this issue was
brought up. My ex-wife’s attorney said that it was true a judge has signed the Judgement
of Possession but that the reason my ex doesn't have access to this money is
because she and her siblings are fighting each other as to who gets what in the
will. The judge said that he has to believe that the siblings are fighting and
my ex doesn't have access to this money. My attorney argue that all that matters is
that a judge has signed the Judgement of Possession and that how do we really know
that my ex and her siblings are really fighting each other. Again the judge said
he believes it! And he even hinted that he would continue spousal support until
my ex and her siblings settled the will!
I have a trial date on Feb. 28 and would like to find out if there is anything
that I could use to help me with this inheritance issue. My attorney who also
practices probate was shocked by the judge's bias reasoning. Basically he put
the burden of proof on me instead of my ex who should really show that her and her siblings
are fighting each other. Again, my exwife and her siblings
have had access to the estate since June 2000.
some facts: the marriage lasted 7 1/2 years and been separated 4 1/2 years
no children, both professionals with same income.
She has assets not counting her inheritance of ~$100,000.00
Her house is paid off.
She lives in Slidell, Louisiana which is a lot cheaper than the Bay Area.
I have assets of ~$8000.00 and rent an apartment
I filed for divorce 1 1/2 years ago. When it was time to
go to the first hearing she came up with two doctor notes saying
she had carpal tunnel and could no longer work full time(she
is in the medical field as a ultrasound technologist)and she
needed to go back to school full time to retrain herself in
a profession(marketing) where she wouldn't use her hands.
I have been order to pay $1000.00 a month temporary support.
Sorry if this is long but I needed to explain a little background.
I guess what I really would like to know is can a judge make assumptions
like he is making without any proof. Is it legal what he is doing?
thank you for any insight that would help me.
Jaime
in Oct 2000 we had a hearing. One of the issues that my attorney raised in the hearing
was the my ex had an inheritance of $500,000 which her mother left to her and her
4 siblings. They counter saying that it was tied up in probate and it had not been
settled. The judge bought it and I was forced to pay temporary spousal support.
I later did some research and went to Civil District Court in New Orleans and
found the records and discovered that a judge had in fact signed the will
in June of 2000 issuing a Judgement of Possession. Even the Executrix had waived and
relinquished all fees on compensation that she may have been instilled to as executrix.
I had a settlement conference hearing 2 days ago and my attorney stated these
facts in the court records among other things. Both attorneys met with the judge and this issue was
brought up. My ex-wife’s attorney said that it was true a judge has signed the Judgement
of Possession but that the reason my ex doesn't have access to this money is
because she and her siblings are fighting each other as to who gets what in the
will. The judge said that he has to believe that the siblings are fighting and
my ex doesn't have access to this money. My attorney argue that all that matters is
that a judge has signed the Judgement of Possession and that how do we really know
that my ex and her siblings are really fighting each other. Again the judge said
he believes it! And he even hinted that he would continue spousal support until
my ex and her siblings settled the will!
I have a trial date on Feb. 28 and would like to find out if there is anything
that I could use to help me with this inheritance issue. My attorney who also
practices probate was shocked by the judge's bias reasoning. Basically he put
the burden of proof on me instead of my ex who should really show that her and her siblings
are fighting each other. Again, my exwife and her siblings
have had access to the estate since June 2000.
some facts: the marriage lasted 7 1/2 years and been separated 4 1/2 years
no children, both professionals with same income.
She has assets not counting her inheritance of ~$100,000.00
Her house is paid off.
She lives in Slidell, Louisiana which is a lot cheaper than the Bay Area.
I have assets of ~$8000.00 and rent an apartment
I filed for divorce 1 1/2 years ago. When it was time to
go to the first hearing she came up with two doctor notes saying
she had carpal tunnel and could no longer work full time(she
is in the medical field as a ultrasound technologist)and she
needed to go back to school full time to retrain herself in
a profession(marketing) where she wouldn't use her hands.
I have been order to pay $1000.00 a month temporary support.
Sorry if this is long but I needed to explain a little background.
I guess what I really would like to know is can a judge make assumptions
like he is making without any proof. Is it legal what he is doing?
thank you for any insight that would help me.
Jaime