Wednesday, August 13, 2008

Victim #49: Unequal Distribution In A Community Property State

I'll make this as brief as possible. After 22 years of marriage my wife and I started going thru a divorce. 1 1/2 years later we had a preliminary hearing in which the judge stated 1.)that we would either split pensions 50/50 because Maine is a 50/50 State or each keep our own. 2.) No alimony 3.) I would continue paying child support till our youngest was 18. This was reasonable.

Three months later the Judge at our final hearing ruled that she could take 50% of my retirement and keep all of hers. Her retirement system is a much better plan than mine; hers is a state system. She would also take 60% of one 401K and 50% of the other. She will also receive $100.00 a week LIFE TIME ALIMONY. She earns $48,500 yr with summers off. My base at the time was 52,500 + 8,400 Bonus for not having the company provided insurance policy,which I would loose when I was no longer on the wifes plan. $8,000 was also added for quarterly bonuses. These bonuses were not this high and we haven't made them the past 2 quarters (Not Guaranteed).

There isn't any stipulation such the x-wife remarrying or financial gain to end this Life-Time Servitude. Her oldest brother has his own law firm and all the attorneys and judges know each other. She bragged about this to our sons. What now?

We had the final hearing in Oct 2005. The judges order came out end of Nov - beginning of Dec. My attorney filed a Motion to reconsider, which we did not receive till the end of Feb, 2006. The judge stayed with his original order. We then filed a motion for findings of fact. The judge still has not replied to this yet as of my knowledge. My attorney does not return my calls. I spoke with her about 3 weeks ago and have been trying to reach her on several occaisions. My youngest son turned 18 on Feb 10, 2006. No settlement agreements.

Haven't been able to reach my attorney for several weeks. I did receive a letter from my attorney yesterday which is a copy of the opposing atty asking the Maine District Court to find me in contempt for alimony payments. I asked my attorney's secretary a few weeks ago to see about being able to have the payments direct deposited but never a got a response. I can't seem to get representation in this case whatsoever.

I am torn as to weather I should be making alimony payments or not? I mean I want to fight this and if I'm making payments during the interim I would like to do it in a manner that best protects me. She used to lie about not receiving child support, I had to show the records of all the checks she had cashed. Every week was accounted for!

I never failed to make child supprt payments. The judge actually increased the amount I was required to pay under Maine guidelines by about $250. a month and made it retroactive back over 1 1/2 yrs to when I was still living at home. She would actually hold on to some checks and wait to cash them all at once. Then it started being deducted from my pay to DHHS State of Maine. At least she couldn't mess with those records.