Recently divorced after a long $20,000 battle. The judge make his ruling based on what he has put in writing as.. "my feeling". NOT FACT. He refuses to use our previous income tax as my actual income. He has added what he feels I actually make (over 25,000 higher annually) to base alimony payments. Also, I have to pay ALL the debt that was taken in my name without my knowledge. (Until I did a credit report) There is nothing we can do about fraud, because apparantly your spouse has the legal right to obtain credit in the pther spouses name WITHOUT the others knowledge. I am drowning in debt with no help from the other. I will be in contempt of court if all of this isnt payed each month, but the money isnt there to do it. Dont judges have to make a ruling based on FACT not FEELING? What are my options going to a higher court? The attorney fees are just getting worse with no end in sight. HELP!
2007-11-13 07:45:35 · 5 answers · asked by marriedmysoulmate 2 in Politics & Government ➔ Law & Ethics
The judge can certainly do this. Family Court judges are often faced with people whose income tax forms show numbers that do not correspond with the lifestyle they are living. Judges can use their experience to arrive at a figure that will be used for the real income. Based on the bare facts you've given us, I'd have to assume your situation was similar to this.
2007-11-13 08:04:12 · answer #1 · answered by Anonymous · 1⤊ 0⤋
They can do that, but if they did it repeatedly they might come under review. The thing with divorce cases is it's a lot of he-said she-said, a lot of hearsay, and very little factual evidence. To compound matters, most divorcees argue over what happened, who's this or that belong to whom, etc...
It sounds like your spouse ran up your credit, perhaps the judge is awarding you higher base alimony in light of the fact that you are liable to restore this credit, he is helping you out. I would take it. Or you can appeal the ruling, if you get a decent lawyer they can argue the judge made the ruling based on feeling and declare it a mistrial, because you're right a judge should work with facts and minimize feelings.
2007-11-13 16:03:06 · answer #2 · answered by Pfo 7 · 1⤊ 0⤋
We probably need more information for your case, but generally speaking a judge can make these determinations about alimony if he has a good basis for concluding how much income you have. Like someone else said, you can appeal it, but that will cost you even more money in attorneys' fees.
2007-11-13 16:21:17 · answer #3 · answered by tim 2 · 0⤊ 0⤋
The judge can make any ruling he wants as long as it supported by law. You can appeal the ruling if you want.
2007-11-13 15:57:15 · answer #4 · answered by davidmi711 7 · 2⤊ 0⤋
I can't answer this question. I would contact a reputable attorney who does free consultations and does not have any ties to your current attorney.
2007-11-13 15:51:37 · answer #5 · answered by Ginny 2 · 1⤊ 1⤋