Ex threatening court now
Well, now the ex, in retaliation for me filing for an order of support, is threatening to take me to court for a $18,000 home-equity loan that was taken out, in part, to finance the adoption of our daughter. I’m not really sure what he would get out of this since we separated in 2005 and in 2006 he refinanced the mortgage, to include the home equity loan, to take my name off of the loan and the deed to the house. We didn’t divorce until 2008 and didn’t include any of that kind of stuff in our divorce decree as we had hashed it out and taken care of it already. We did write up a separation agreement and have it notarized but it wasn’t filed with the courts. In our agreement, he took over sole responsibility of the mortgage(s) on the home, I gave up rights to any equity in the home (which wasn’t much at the time that it was appraised because he had torn up the house after I left, intending to do odd jobs, and that diminished the appraisal value), I took over sole responsibility of the car loan (refinanced it into just my name) and he gave up rights to that, plus I took over the only joint credit card we had, to the tune of $6,000. The car and the credit card have long since been paid off. It pretty much balanced out.
I am not responding to his demands that I send him copies of the charges for the adoption because I don’t have any of that stuff anymore as it was finalized 8 ½ years ago. I will let them subpoena me for that information, which I do not have, when/if he takes me to court.
Not to mention, we had fundraisers and yard sales, which made thousands of dollars, which were used to finance the adoption, plus I contributed to paying on the loan while we were together, for about 2 years after it was taken out. So, not all of that loan was used for the adoption to begin with. If (and that’s a big IF) it even went to court wouldn’t he have the burden of proof to show that the loan was used for the adoption, plus to provide the costs of the adoption? We have no receipts, period. When the adoption was finalized I got rid of all of that unnecessary stuff as we didn’t need to hold on to them anymore.
Am I crazy in thinking that after all this time a judge would think this was a ludicrous suit? I'm really not concerned about it. If he sues me, oh well, he does, I will deal with it and do whatever the judge decides. There's not much I can do about it until I know what he is planning. I haven’t contacted my attorney yet because I don’t want to accrue attorney fees for something that may or may not even go to court.
P.S. - In the same email he asked me to send him copies of my tax returns in preparation for the CS hearing. Um, no....I will give them to he person holding the conference, as they requested I do.
Your XH is trying to
Your XH is trying to manipulate. Let him, he just looks like an idiot. He can say whatever he wants in response to your CS action but since your divorce and distribution of assets/liabilities is ancient history a judge is very unlikely to listen to much other than income and how it plugs in the CS calculator.
You are doing exactly the right things by not giving your X any information. Provide what you must to the Admin Law Judge who will hear your CS motion. The clerks will send copies to your X.
At least that is how it worked out for us during our CS reviews against my SS's Sperm Idiot.
All IMHO of course.
Thanks Rags...that's what I
Thanks Rags...that's what I was thinking too. I figured with the amount of time that has passed alone, he would look like an idiot even filing suit for it. Thanks for the advice!
WOW... so your ex is suing
WOW... so your ex is suing you for adopting your guy's child essentially? He gets the douche of the year award!
I agree with others .. this
I agree with others .. this is a bully tactic that I don't see really gaining any traction in a court room. I bet once he consults with an attorney and realizes the amount of money he's going to have to spend on this long shot, he'll back off the threats.
Sorry you're dealing with this
Thanks everyone. I'm glad to
Thanks everyone. I'm glad to hear this from others as well. Although logically I realize that he probably doesn't have a leg to stand on, I am a worrier by nature and just don't like all the extra drama!