Illegally judged

[daveteran]

I recently got a divorce in GA. I'm 100% Totally and Permanently disbled veteran and my only income consists of VA disability and SS disability. I was married 35 years and had no children. My wife was retired from the airlines and receives a pension in the amount of $1,500 per month. My attorney informed the judge I was disabled and the source of my income, yet he gave my ex $1200 per month for 6 months, then $500 per month til she is 62. The time for my appeal has expired (30 days), but I'm contemplating filing for modification. She is perfectly capably of working, but feels she's ENTITLED to part of my disability. My atty. advised the judge he couldn't touch my VA disability, but the judge said he could after I received the money, which is untrue. The judge says his intent is to equalize income, but I don't feel that is his job. Since I'm disabled, I don't have the opportunity/ability to ever work again and/or supplement my income, while she receives her pension and is capable of working. My only fear is that the judge will become irritated and attempt to increase the amount fo alimony he's already awarded. If my VA disability is not counted, she receives more from her pension than I do from my SS disability! I have absolutely no other assets from which I can pay alimony and wonder what my chances are at modification??? I intend to file the modification soon, but don't want to waste my time and oney, nor risk having to pay more. Any suggestions???

 

[Duranie]

Mistake number 1 was not filing an appeal. You need to see an attorney or call legal aid. You cannot just file for a modification and expect one because you do not like the judgement.

 

[daveteran]

I'm just wondering, based on the fact I have no other assets, she receives $1500 a month pension, and is capable of working, and my VA disability is exempt, do I have a chance of getting the $500 per month thrown out? I was awarded half of her 401K and that's how I'm paying the alimony now, but that money will run out in November, at which time I will have no other source to pay other than my SS disability, which only amounts to about $1100. I find it unconscionable a judge would take disability monies from a totally and permanently disabled person and redistribute it to a capable person. I'd just like an opinion on my chances of getting the $500 denied or reduced. Thanks

 

[Duranie]

You need to see another attorney for advice. Why did you take half of her 401k if you did not want to pay her alimony? Maybe you two could have worked something out like you do not touch her retirement and neither of you are awarded alimony. Depending on her age a judge may not force her to work.

 

[Scooterdog]

dave, you should have motioned for reconsideration, then appealed. You had to give notice of appeal within whatever your time frame was, not appeal in that time, just give notice.

You can file for a modification. But, there are some problems here:

1. You will in all likely hood have the same judge

2. The modification you seek is so close to the order, the judge will not be interested at all in hearing what you have to say. Your petition to modify will have to be very well made, to the point, and with a ton of authority to back it up.

But, that's not to say you shouldn't try. I don't agree with what the judge did, but, it was done. Accept it or petition for a hearing.