Divorce Asset Misconduct Recovery

Summary

The user is seeking advice on how to recover retirement assets that were allegedly mishandled during his divorce proceedings. He claims his ex-wife drained their joint accounts, lied about his income, and he was not properly notified about the court hearing. He has evidence of his hospitalization during the hearing date, his actual income, and the withdrawal of money from the joint account. He also has an email agreement about the division of retirement assets and a potential witness to confirm his ex-wifes knowledge of his new address.

Full Conversation

New York but the hearing was in Missouri
Did you have any written agreement about the division of retirement assets?
yes
What does the written agreement state about the division of retirement assets?
I was to receive half.
What evidence do you have to prove that you were supposed to receive half of the retirement assets?
email
What does the email state regarding the division of retirement assets?
*/*
Do you have any proof of your actual income and your son's living situation?

General Information:
- In New York, child support typically ends at *.
- In Missouri, it ends when the child turns * or graduates from high school.
- You can appeal a court decision within 30 days in Missouri.
It’s been longer than 30 days
What is the current date? In some cases, courts may allow late appeals due to exceptional circumstances.
today?
What is your current financial situation and do you have any proof of your hospitalization during the hearing date?
not working waiting for disability benefits and yes I have proof of hospitalization
What is the date on your hospitalization proof? This could be crucial in appealing the court's decision due to exceptional circumstances.
Feb *, * to February *, *
Do you have any documentation or proof that your wife's attorney was aware of your new address?
only that my x told her to send it there.
Do you have any written communication where your ex-wife acknowledged your new address?
Only verbal
Do you have any witnesses who can confirm that your ex-wife was aware of your new address?
maybe my son
Can your son provide a written statement confirming that your ex-wife was aware of your new address?
yes if you mean an affidavit
Yes, an affidavit from your son could be helpful. It's a sworn statement of fact, voluntarily made under an oath or affirmation administered by a person authorized to do so by law.
I can do that
Do you have any evidence of your wife draining the accounts and transferring the money to her mother?
Explanation: This could be crucial in proving financial misconduct during the divorce proceedings.

General Information:
- In Missouri, hiding or wasting marital assets during a divorce can be penalized.
- The nearest court is the Missouri Circuit Court, contact: (*) *-*.
just bank records
Do the bank records show the transfer of money from your account to her mother's account?
no. She transferred it into an account she had on her own and from there into her moms account
Do you have the bank records showing the transfer from your joint account to her personal account?
no she withdrew it and then transferred it
Do you have any bank statements showing the withdrawal of the money from your joint account?
yes
Can you provide these bank statements as evidence of the withdrawal?

General Information:
- In Missouri, financial deception can be considered marital misconduct affecting asset division.
- Nearest court: Missouri Circuit Court, contact: (*) *-*.
ill see if I can dig them up. I have since closed the account
Do you have any other evidence or witnesses that can confirm your wife's financial misconduct?
just the emails back and forth.
What do these emails state regarding the financial transactions between your wife and her mother?
none
Do you have any evidence of your wife's attorney knowingly sending the hearing notice to your old address?
just that I never received it.
Do you have any written communication with your wife's attorney where your new address was mentioned?
no
Do you have any proof that your wife's attorney was aware of your new address, such as a change of address form or mail sent to your new address?
only hearsay
Do you have any written communication where your ex-wife or her attorney acknowledged your hospitalization during the hearing date?
I may have text between my x and I. I never corresponded with her attorney
Do you have any text messages or emails where your ex-wife acknowledges your hospitalization during the hearing date?
yes
Can you provide these text messages as evidence of your hospitalization during the hearing date?

General Information:
- Evidence of hospitalization and lack of proper notice can be crucial in appealing a court decision.
- Missouri Circuit Court contact: (*) *-*.
yes
Do you have any evidence that your wife's attorney was aware of your hospitalization during the hearing date?

General Information:
- In Missouri, knowingly proceeding with a hearing while one party is incapacitated can be considered misconduct.
- Missouri Circuit Court contact: (*) *-*.
no
Do you have any evidence of your actual income that contradicts your wife's claim in court?
yes
Can you provide this evidence to prove that your income was overstated in court?
yes
yes
Explanation: This evidence could be crucial in disputing the child support order.

General Information:
- In Missouri, child support is based on both parents' incomes.
- Missouri Circuit Court contact: (*) *-*.