Equitable Distribution AFTER Divorce is Final


#1

My divorce was final in Florida. A month later, my ex filed an Equitable Distribution claim in NC (where we lived-we were married for 6 months). He had me thrown out of the home, he left $0.25 in the bank account, I had no vehicle, no job and was able to take my clothes only. He owned the home when we got married. My name was on nothing but the bank account, no credit cards or bills. He has listed on his Equitable Distribution Schedule monies he spent on clothes for me for the honeymoon, Christmas gifts to friends & family, so it appears he is wanting me to pay half of his bills which total close to $30,000.00. He left me destitute and I’m having to start over and have no money. I was just able to purchase a car. I have filed 2 Motions to Dismiss based upon him not filing ED claim prior to final divorce, Florida took jurisdiction, and he didn’t object to the divorce which stated he keeps all debts & assets & personal property in his name & possession as do I. His attorney has set Pretrial Conference in May, We have mediation tomorrow - 4/18/13 (which I’m appearing by phone, as I live in TX) although I have no funds to pay for mediation & the mediator told me I’d have to “suffer the consequences”. I have no funds for an attorney. How do I get this dismissed? Worst case scenario, the Judge rules that I owe him money and I don’t have it, would that be a contemptable charge punishable by arrest or could he only get a judgment against me?


#2

I’m not sure what has happened with the motions to dismiss, but I think that is your first course of action.

If the judge orders that you pay for debts and you do not, you could be found in contempt, and you could be sentenced to active time if you are found in criminal contempt.


#3

Is it possible that not paying equitable distribution in a family case can turn into a criminal case? The man left me with no money. No vehicle. Nothing but my clothes. How is that possible?


#4

I’m not exactly sure what your question is, but it sounds criminal in nature which is outside of the scope of the forum.