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Abandoned Property

On Lawyer & Legal » Family Law

8,080 words with 7 Comments; publish: Thu, 19 Oct 2006 08:21:00 GMT; (800125.00, « »)

I am currently servings in the US Army stationed in Germany. My divorce was final in Mar 06 threw the State of Florida. My ex-wife was awarded a vehicle and household property she lost all logistical support from the military (ie. the government paying to ship anything or even pay for her return trip to the states) when the divorce was final. She moved out of our shared residence in Feb 06 left all her property accept a couple things and her vehicle. I have made several attempts to get her to get the household property and now she is back in the states and has abandoned her vehicle here and because I am the sponsor here I was notified last month by the Military Police that the vehicle was abandoned and needed to be moved. My First Sergeant made contact with her to inform her she needed to get her belongings back in June 06 and she stated she had no were to put these things and now my Commander is involved because of this vehicle being abandoned. I have reregistered it in my name and my Commander did a Memorandum for record for the Vehicle stating that it was reported abandoned and that he ordered me to fix the problem and my First Sergeant did one on her conversation with her in reference the household property. I have no financial obligation to her nor does the military. What do I need to do to get rid of these things to make sure 2 yrs from now she doesn't try to sue me. It would cost her around $3000.00 to ship everything back to the states. I have no way to contact her nor am I willing to pay for anything for her. Also in our divorce agreement she was suppose to take the kids over the summer and every other weekend while she remains in country and the agreement was if she took the kids I wouldnt make her pay child support. Since we separated in October she has taken the kids one weekend. Since we have a divorce agreement in affect and she has not complied with it and provides no support for our kids can I make her pay child support?

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  • 7 Comments
    • Quote:
      === Original Words ===

      OK thanks for you opinion, but what is the legal answer? The first answer to my thread I don't really understand. Do you have legal advice? Before the divorce was final she had 5 month's and I tried to AROD (Advance return of dependants) her which would have given her shipment of her vehicle, household goods, and a plane ticket home. She refused to leave. My only concern is my 2 kids and myself and if I hold her things it will take away from are weight allowance and I am only authorized to ship 1 vehicle at the goverments expense.
      Ok...then I don't understand why you didn't AROD her home when she DID leave. If you can only ship one vehicle home at the government's expense, then what did you plan to do with her vehicle if you hadn't divorced?

      Understand something....your divorce is controlled by the judge in Florida, not by the US military. Its possible that the judge in FL might not be happy with you if you don't facilitate her property being returned to the states. Its also possible that the judge might consider it to be her problem, not yours. You honestly don't know which way it would go.

      However, fairness alone would indicate that the government got her property over there, and the government should get it back. I also would suspect that there may be some proceedure in place to handle this. You obviously aren't the first military personnel to get divorced while abroad.

      Since the car is obvious a big issue, I would suggest that you discuss with the ex the option of you selling it on her behalf and forwarding the funds to her.

      #1; Fri, 20 Oct 2006 05:53:00 GMT
    • You are correct there are procedures in place and because she is not military and civilian an AROD is not forcible, my commander informed her of what she would lose by not leaving before the divorce is final and she didn't she got a residential permit to stay here. Why? I thought because of our children but she saw them 1 time in 9 months and that was for an afternoon. I need to protect myself and my kids. She could have borrowed a friends truck here and picked up her things. I have no idea were she is nor do my 15 and 13 yr old children. If I was in the states it would be easier I could rent storage here you cant and the houses are smaller I have 2 and a half yrs left is that really fair to myself or my children to give up space for her things. Or if I meet someone else do you think that woman would want her stuff in our house? Im sure she fell off the face of the earth, but incase I need to protect our future. So I will look into the contempt of court thing. Thanks for all your help.
      #2; Fri, 20 Oct 2006 11:02:00 GMT
    • Quote:
      === Original Words ===

      You were given the legal answer. If she did not take responsibility for her property then she is in contempt of court. And you file with Florida who has jurisdiction and you request permission to get rid of the stuff. It doesn't get more succinct than that.
      I would agree with you if they were both in the states....and if it wasn't a military situation. However I don't think its that cut and dried in this situation. She can't borrow a friend or relative's pickup truck to drive to Germany to get her stuff.

      She can't get her stuff back home without spending thousands of dollars unless the military transports it.....and again, since he isn't the first military personnel to get divorced while overseas...I bet there is a proceedure in place for this.

      #3; Fri, 20 Oct 2006 06:31:00 GMT
    • You can file show cause for contempt in Florida court which has jurisdiction over you and your ex.
      #4; Thu, 19 Oct 2006 11:04:00 GMT
    • Or, you could accept temporary ownership of the items so that they get shipped back to the states when you return....which perhaps would be the fair thing to do under the circumtances.

      I am not suggesting that she is necessariy in the "right"...but her personal property did get moved to Germany due to the military, and ultimately it might be fair that it get returned to the US under the same auspices. How would you feel if the roles were reversed? Would you find it fair?

      #5; Thu, 19 Oct 2006 20:56:00 GMT
    • OK thanks for you opinion, but what is the legal answer? The first answer to my thread I don't really understand. Do you have legal advice? Before the divorce was final she had 5 month's and I tried to AROD (Advance return of dependants) her which would have given her shipment of her vehicle, household goods, and a plane ticket home. She refused to leave. My only concern is my 2 kids and myself and if I hold her things it will take away from are weight allowance and I am only authorized to ship 1 vehicle at the goverments expense.
      #6; Fri, 20 Oct 2006 01:48:00 GMT
    • Quote:
      === Original Words ===

      OK thanks for you opinion, but what is the legal answer? The first answer to my thread I don't really understand. Do you have legal advice? Before the divorce was final she had 5 month's and I tried to AROD (Advance return of dependants) her which would have given her shipment of her vehicle, household goods, and a plane ticket home. She refused to leave. My only concern is my 2 kids and myself and if I hold her things it will take away from are weight allowance and I am only authorized to ship 1 vehicle at the goverments expense.
      You were given the legal answer. If she did not take responsibility for her property then she is in contempt of court. And you file with Florida who has jurisdiction and you request permission to get rid of the stuff. It doesn't get more succinct than that.
      #7; Fri, 20 Oct 2006 06:19:00 GMT