Thursday, February 5, 2015

Fair and Equitable Distribution of Assets in No Fault DOM

Keeping track of interest due in my case is a computational nightmare.  In addition to “normal factors”, my case includes an 8-month “nunc pro tunc”.  This due to Judge Roberts and Diane Baccus-Horsley.  I should not be penalized for their actions and/or inaction.

After rereading my lawyer's closing a couple of times it became apparent to me that a Fair and Equitable Distribution of Assets in a no fault Dissolution of Marriage, cannot include both investment results and interest for the same calendar period.

I would prefer that I pay my former spouse interest on the assets I retained after she filed the Petition for Dissolution of Marriage.  The market has done well enough that my former spouse almost certainly will prefer to share investment results.

Because the Amended Final Judgment only ordered monthly payments for the mortgages, my ex-spouse should pay the entire 1st mortgage and half the 2nd and 3rd mortgages from Rendition.  She should pay interest on the unwarranted alimony payments until repaid.

Early in my case my lawyer told me that the Court was not supposed to create a situation where it was to the benefit of one of the parties for the other party to become “deceased”.  The Court has done that in this case as long as my ex-spouse remains a beneficiary on my Life Insurance policy.  The “narrative” rationale for this was to enable my former spouse to continue paying the (now paid off) mortgage.

My former spouse no longer needs “protection” provided by my life insurance policy.  The typical “narrative” is for the good ole SOB to leave the state under the cover of darkness and leave the poor “stay-at-home” wife to pay all the mortgages.  My case provides strong evidence that any rational male should do that.

I ACTUALLY THOUGHT THAT NO FLORIDA JUDGE WOULD WANT TO SEND THAT MESSAGE. I WAS ACTUALLY ENVISIONING GETTING ATTA BOYS FROM FLORIDA INSTEAD OF THE CONSTANT NEGATIVISM OF BACCUS-HORSLEY.

LAWYERS LIE.  ARITHMETIC DOES NOT.

Legal costs through a final Fair and Equitable distribution of assets should be paid for out of Marital funds in all no fault Dissolution of Marriage proceedings.