i need help badly..just finished hearing after i was 100% disabled, to abolish alimony(1750.00) a month.
my reduced income(disability) is 3700.00 per month part from disability insurance i had at work.. and approx 1900.00 from social security disability..i have a 401 k acct and an ira acct..both awarded to me through the original divorce.. that is all the monies i have..
at the time of the last hearing i had 1600.00 in checking..and 100.00 in savings..telling you this so you know what the judge had to look at..
wife is working and very healthy no ills or medical problems.. two years of college..divorce was because of her abuse(not documented by law enforcement) of our son at the time of the divorce 17 yrs. old.
to cut to the chase.. at the divorce..the judge gave her the house and 2wo of the three cars..the third car,my son's, is what i was given.. and i had 2500.00 in checking no savings..he made me pay her lawyer the 2500.00..effectively putting me in the street homeless and penniless with my only monies to be my next paycheck...
i certainly couldn't use my 401 or ira accts..i would lose a third for early withdrawl and taxes..not withstanding i would/might need that money for emergency use..
divorce was march of 04..disabled with chronic emphysema(which is terminal) the following nov...no mony for 4 months...i stopped alimony pmts..in nov..( i had no income)..
hearing was put off several times till feb 06..judge ordered approx 26,000 in arrearages plus a continuation of 1750.00 per month plus her health insurance approx 300.00 a month...the total per month is 54% of my disability income..leaving me approx 1600.00 per month.
my only recourse in paying the arrearages..as he was well aware.. was to cash in my 401 k... i have no personal health insurance because the cost is prohibitive with all my other expenses..also not eligible for medicare for two years from disablement..so i was intending to use the retirement accounts as a safeguard against medical costs..my disease 'will' get worse..not better...
my son was locked out of his mother's house the week of his 18th b-day.. we had joint custody..i was a tugboat captain and away at work at the time..she literally put him in the street...he was still in high school at the time...he was able to make it out to the county to the shack i had managed to acquire (built in 1958..it really is a shack)and had very little to eat and no amenities..like air condition or even a selection of food..of which there was very little..
anyway.. i now face an appeal.. and if not overturned..contempt charges and jail time..for the second time i'm to be indigent and homeless.. for what? a mean vindictive woman..that abused our child?
i was a good husband and i'm a great father..i have been a hard working honest citizen all my life..only to end up a criminal in my dying days ? for what?.. my present home/shack is in alabama.