I completed my separation agreement in May of this year. I still have 7 months to go before I can finally be divorced here in Virginia.
In September 2006 the STBX was in a car accident that had not been settled as of the time of the separation. I had completed both settlements for my children, and their money was used to purchase her new home.
My insurance paid all of the STBX's bills, and I stood by her through the entire process of exams, MRI, etc... Paying all the due bills at the time. She was not seriously injured but does have some neck pain.
Here is where we are now having problems: In the separation agreement it reads that -I would agree to settle her claim with the insurance company, and that the kids would each get $5000 from the settlement with the remainder being split between me and the STBX. I would get 1/3 and she would get 2/3.-
This money was to be mine to help pay the credit card debt I took on from the marriage, and that was made clear to the lawyer who did our paperwork.
She waited until the very last minute to supply me with the bills and notes tha I needed to settle the claim. I barely got the demand letter sent in 2 days before the statute of limitations ran out on September 2008. This gave me very little time for negotiations. The X was not satisfied with the amount the insurance company was offering, and took it upon herself to hire a lawyer.
I did complete a booklet with all the bills and notes in order, complete with photos, and a detailed write up of her medical history. I completed the demand letter and sent everything in as per our agreement & have communicated with the caseworker throughout the process with the STBX doing nothing.
Now my spouse says that the lawyer will get my 1/3 and I am not entitled to anything.
I feel I did everything outlined in the agreement and it was not my fault that she sandbagged the information and hired a lawyer at the last minute.
Am I still entitled to 1/3 of the settlement, even if the Lawyer is now involved?
In September 2006 the STBX was in a car accident that had not been settled as of the time of the separation. I had completed both settlements for my children, and their money was used to purchase her new home.
My insurance paid all of the STBX's bills, and I stood by her through the entire process of exams, MRI, etc... Paying all the due bills at the time. She was not seriously injured but does have some neck pain.
Here is where we are now having problems: In the separation agreement it reads that -I would agree to settle her claim with the insurance company, and that the kids would each get $5000 from the settlement with the remainder being split between me and the STBX. I would get 1/3 and she would get 2/3.-
This money was to be mine to help pay the credit card debt I took on from the marriage, and that was made clear to the lawyer who did our paperwork.
She waited until the very last minute to supply me with the bills and notes tha I needed to settle the claim. I barely got the demand letter sent in 2 days before the statute of limitations ran out on September 2008. This gave me very little time for negotiations. The X was not satisfied with the amount the insurance company was offering, and took it upon herself to hire a lawyer.
I did complete a booklet with all the bills and notes in order, complete with photos, and a detailed write up of her medical history. I completed the demand letter and sent everything in as per our agreement & have communicated with the caseworker throughout the process with the STBX doing nothing.
Now my spouse says that the lawyer will get my 1/3 and I am not entitled to anything.
I feel I did everything outlined in the agreement and it was not my fault that she sandbagged the information and hired a lawyer at the last minute.
Am I still entitled to 1/3 of the settlement, even if the Lawyer is now involved?
Good luck to you.