Legal Question in Family Law in Maryland
Could the courts still grant a monetary judgement?
My stbx recieves a monthly pension amount of $2500. I am asking for half that, plus the child support that is already ordered, of $325 p/m.
Also a monetary judgement so I can be able to garnish any other wages he may have, although he's retired, he' only 39 yo. And is in the Army Reserves and could be activated, but would the courts allow for the monetary judgement if I get half his pension? I realize that w/out a second source of income, he would only be making about 1300 p/m plus his $170 p/m from the Reserves.
But the reason I'm asking is because at our last hearing I was able to prove that he dissipated the marital assets, which I lost approx. $85K!
Thank you for your response.
1 Answer from Attorneys
Re: Could the courts still grant a monetary judgement?
You can get a money judgment to reflect a division of property related to the asset dissipation and any other currently held assets. Also, if he is in arrears on court-ordered child support, you can ask the judge to include the arrearage in the money judgment. For the pension, whatever division is ordered by the judge will have to be put into a post-trial order that would be signed by the judge and filed with the military so they would divide up the benefit each month and send your portion directly to you. You should really engage an experienced family attorney to help you with this if you are not currently represented.
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