A TRIBE CALLED QUEST MEMBER ALI SHAHEED JONES-MUHAMMAD LOSSES ON APPEAL AFTER GETTING TAKEN TO THE C

Ali Shaheed Jones-Muhammad and Kristine Ott married in 1997 and divorced in 2013.

At divorce, the parties' entered into a Marital Settlement Agreement, where Ms. Ott would receive, among other things, the home. Upon trying to sell the home, Ms. Ott learned the mortgage was higher than stipulated in the Marital Settlement Agreement, and the house was riddled with tax liens.

Ms. Ott ended up going back to court to file a motion to put the house back in Ali's name, and for damages. Ali LOSSES IN COURT by getting court ordered to retake title to the home, and to pay Ms. Ott $75,000 to address the loss she suffered as a consequence of the liens.

Ali appealed, contending the judge failed to consider his ABILITY TO PAY the $75,000 award at the rate established by the court.

At the motion hearing, the court found Ali assured the Ms. Ott he was “not aware of” any judgment or lien against the home other than the mortgage….” The Court found Federal Income Tax Liens amounting to over $500,000. The judge did not believe Ali's denial of awareness of the tax liens against the residence at the time of divorce. In addition, the judge mentioned the group had just released a new album, and the judge did not believe Ali was not making money.

The record indicated Ali earned an average of $239,172 between January 1, 2013 and October 31, 2015. Yet, Ali was paying over $17,000 to the IRS every month. Despite Ali’s debts, the court required him to pay the $75,000 to his ex-wife at a rate of $5,000 per month.

The appellate division noted, Ali did not assert a lack of ability to pay. Specifically, the record demonstrated Ali had THREE OPPORTUNITIES to raise the ability to pay issue on the motion. Based on the well-settled principal, Appellate Courts decline to consider questions or issues not properly presented to the trial court. For that reason, the Appellate Division did not even address the issue! Now, Ali is stuck with payments to his wife that he may not be able to afford.

This is why it is important to have a good family-law attorney in court at any stage of litigation. Closed mouths do not get fed. A good lawyer knows, if the issue is not placed on the table in court, then the issue is not on the menu for appeal.