Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

elleng

(136,365 posts)
Tue Dec 6, 2011, 12:59 PM Dec 2011

We have an agreement, signed and sealed, first payment w/in 5-10 days,

Remainder to be delivered in January 2012.

RANT; please pardon.

Please help me feel better about this.

After 2+ years of him futzing around, playing power games, in court today and with encouragement of judge, we 'memorialized' agreement we'd arrived at in ADR 13 months ago. I get NO 'credit for time served,' that is, no interest on the funds which have sat in HIS mutual fund accounts since January 2009, sale of our house, nor do I get 'credit' for fact I agreed to less than 50% of proceeds 13 months ago based on premise funds would be immediately forthcoming. NOR do I get attorney's fees. We had agreed to these terms 13 months ago, and my attorney and I sweated bullets in the interim to put agreement in form to suit the p.o.s., thus running up attorney fees (which are very reasonable, by the way, but still more than $10,000.)

I attempted to change major term, 'Actual amount,' 2 weeks ago, after he failed to appear in court 26 October, me thinking to take our ADR agreement off the table and obtain something more by 'agreement' OR go to trial and leaving decision to judge. Didn't happen, tho I could have insisted (and maybe annoyed judge, even tho he's a very good guy and probably would have understood if I had insisted on telling the tale. He didn't want to hear too much of the tale, so as not to jeopardize the status quo, that is, neither party providing 'evidence' today.)

So I'm annoyed at myself for not having been more aggressive, tho I did what I felt necessary in the context. (I am an attorney and somewhat aware of the does and don'ts in such courtroom situations.)

SO I hope to be able to relax into this, tho I'm afraid I'll retain the resentment, especially at times when I feel constrained from doing things, like traveling and moving to a 'better' neighborhood, due to my essential conservative nature spending-wise.

18 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
We have an agreement, signed and sealed, first payment w/in 5-10 days, (Original Post) elleng Dec 2011 OP
i am going on waiting 18 months for my divorce to go through reggie the dog Dec 2011 #1
Yes, reggie, drawn out divorces suck! elleng Dec 2011 #6
can only offer my support maddezmom Dec 2011 #2
Thanks, maddezmom, elleng Dec 2011 #5
Took me more than a year to get mine over with - Should have taken 90 days. cliffordu Dec 2011 #3
Sorry to hear of your trials, cliffordu, elleng Dec 2011 #4
Time to celebrate and move on in so many ways. mia Dec 2011 #7
Thanks SO MUCH, mia, elleng Dec 2011 #8
Glad to see you smile! mia Dec 2011 #9
Could be worse! sce56 Dec 2011 #10
OMG, sce, elleng Dec 2011 #11
You know I tried to take the high road I never pushed for support sce56 Dec 2011 #12
Good to hear your decision forced her to behave reasonably, elleng Dec 2011 #13
Nope it is still a nightmare. sce56 Dec 2011 #14
ABSOLUTELY RIGHT about that! elleng Dec 2011 #17
I am just so grateful that my two sons SheilaT Dec 2011 #15
Good, that, SheilaT, but daughters are old enough they should be handling this b.s. better, imo. elleng Dec 2011 #16
While it didn't happen to me SheilaT Dec 2011 #18
 

reggie the dog

(7,755 posts)
1. i am going on waiting 18 months for my divorce to go through
Tue Dec 6, 2011, 01:51 PM
Dec 2011

and i am still waiting for my ex wife to pay me for my share of our condo.

drawn out divorces suck.

maddezmom

(135,060 posts)
2. can only offer my support
Thu Dec 8, 2011, 10:01 AM
Dec 2011
and if you need to vent...I'll be here to listen.

My divorce was finalized Sept 17, child custody and all items were worked out by both of us and it's a good divorce. Child support and other (alimony) monies have been forth coming since then. However, getting my settlement has been another matter...not due to my ex but all the paperwork and signing off by his company, judge, company, forward to the account manger, etc. Hopefully it will be settled by next week. Keeping my finger crossed.

elleng

(136,365 posts)
5. Thanks, maddezmom,
Sat Dec 10, 2011, 02:08 AM
Dec 2011

and will vent if necessary; hope not!

Good that items worked out satisfactorily; just need mine to obtain funds from investments, and send check to me. He told judge 5-10 days; we'll see.

WHERE ARE THE SMILIES???

cliffordu

(30,994 posts)
3. Took me more than a year to get mine over with - Should have taken 90 days.
Fri Dec 9, 2011, 12:51 PM
Dec 2011

I wanted to settle and offered her most of everything - she wanted to go to court to take it all - against the advice of everyone involved including her own attorney...

It was agonizing - she drug it out, changing attorneys twice and hiring a third to come in at the last minute.

The judge gave me twice what I ever asked for, and I took it.

She admitted in open court that she wanted me on the street.

Never again. Married 28 years and it degenerated into that.

I hope you heal from this quickly, elleng.

Mine was over in June and I feel soooooo much better I cannot believe it.

elleng

(136,365 posts)
4. Sorry to hear of your trials, cliffordu,
Sat Dec 10, 2011, 02:02 AM
Dec 2011

and glad judge gave you what s/he did.

(THanks for replying; just got back here!)

Same: Should have taken 90 days.

2 judges encouraged settlement through ADR, clearly didn't want trial, and their calendars didn't allow for playing with trials, so after we got agreement in principle, we were backing and forthing with language, due to his b.s., and 'husb' missed couple court dates. Had I known the p.o.s. would delay as he did, would never have 'agreed' to such fair terms, would have insisted on 'interest pending litigation,' and attorney's fees.

Awaiting $ now, trying to figure out where to park it, and hoping to heal.

Right, never again; still married (due to his health insurance available to me,) and surely wouldn't do it again!

mia

(8,420 posts)
7. Time to celebrate and move on in so many ways.
Sun Dec 11, 2011, 05:17 PM
Dec 2011

As time goes by, you'll feel better about not having been more aggressive . I know that I do.

 

sce56

(4,828 posts)
10. Could be worse!
Sun Dec 11, 2011, 10:35 PM
Dec 2011

Mine was finalized in 06 she never paid a dime. Then this year by pyscho-terroisim she got custody of the ninos now After getting hit with child support, she never paid any of that or the medical expenses, I filed a writ of execution and started getting my judgment from her 5 years later! She kept the home and then said she lost it, Mexico, for those wondering why she owes me and the time spent owing was and additional 10% which is still being charged to her. Took from Aug to October for them to take first garnishment from her and I did not see a check until last week!

Yeah and I still have to deal with her for the next 4 years....

elleng

(136,365 posts)
11. OMG, sce,
Sun Dec 11, 2011, 11:01 PM
Dec 2011

UNBELIEVABLY sorry!
Will be on him w/in 2 weeks if I haven't seen first of 2 payments, and adult daughters 'only' involved emotionally, not legally, so NOTHING as awful as your situation. GOOD at least you finally got A check.

 

sce56

(4,828 posts)
12. You know I tried to take the high road I never pushed for support
Sun Dec 11, 2011, 11:31 PM
Dec 2011

I did it on my own but as soon as she had both of them she had money dream even told my daughter she was buying a Lexis next year! Well the Garnishment took care of that I had told her before court we can work it out she refused so I hit her with a garnishment and yes it felt good!

elleng

(136,365 posts)
13. Good to hear your decision forced her to behave reasonably,
Sun Dec 11, 2011, 11:39 PM
Dec 2011

even tho not voluntary.
High road takes a toll sometimes, doesn't it?

 

sce56

(4,828 posts)
14. Nope it is still a nightmare.
Sun Dec 11, 2011, 11:42 PM
Dec 2011

Lesson learned was make sure you get a psych evaluation before marrying some one!

elleng

(136,365 posts)
16. Good, that, SheilaT, but daughters are old enough they should be handling this b.s. better, imo.
Mon Dec 12, 2011, 12:15 AM
Dec 2011

23 & 26, tho things 'pending' since '06, so maybe they weren't old enough when it began to digest. Dunno.

 

SheilaT

(23,156 posts)
18. While it didn't happen to me
Mon Dec 12, 2011, 02:19 PM
Dec 2011

I've seen and heard of enough examples of grown children reacting and behaving very badly to parental divorce to be saddened, but not surprised.

My sons are now 24 and 29 (as of two weeks from now). The divorce started in about 2007. While my ex behaved badly in terms of how he left me, and subsequent struggles over money, from everything you've said he was maybe ten percent as bad as your ex. I was lucky.

Latest Discussions»Support Forums»Coping with Divorce or Separation»We have an agreement, sig...