The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?
The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.
My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.
My husband is also well controlled type1 diabetic. Does... Read more »
You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact...Read more »
Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state....Read more »
Child support itself ends when the child turns 18 or graduates from high school, whichever is last to occur. However, a new setoff rules kick in if the child is attending full time college. Google Section 513 of the Illinois Marriage and Dissolution of Marriage Act and refer to the College Expense...Read more »
You should be able to file immediately IF your county accepts electronic filing. There are two or three highly technical reasons that favor who files first. However, as a practical matter, the advantage that the public perceives does not exist.
I supported him for 7 years he just got a great job and then walked out last week to live with a woman he met at the gym. I want to file for divorce, but he owes me over 200,000 and I am laying on all back taxes. Can I get some type of mandated payment until the taxes and loan is repaid?
Typically, your Judgment for Dissolution will either bar alimony or reserve it. Depending on the facts of your case, and if alinony was reserved, you might have a chance of getting it. If you waived alimony or it was barred, you are out of luck because the Judgment is final.
This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender...Read more »
If you cannot serve the defendant, you are out of luck. That's why people dodge Summonses. You must hire a Special Process Server who has the skill to figure out how to get the job done. In counties with a population of over 1,000,000, you must get court permission to appoint such a Server.
I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »
The true-up has nothing to do with the date of filing. It's based upon what he earned in the previous year, which in your case is 2019. Your lawyer is not incorrect, but he/she is not necessarily correct. It depends on how you look at it, how your Judgment reads, and on whether your ex got a...Read more »
She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.
Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the...Read more »
Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home... Read more »
At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that...Read more »
Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.
We just got divorced in September of 2019 there was no previous court order that required him to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. But I am unsure of this answer. Nothing about retro... Read more »
I believe you are using incorrect phraseology. From the best I can determine, you should be saying "true up" instead of "prove up". Without knowing more facts from you, the true up would generally cover the entire year of 2019.
As soon as divorce was finalized, my ex went and closed out my one grandson's account and took it all. The child is 3 1/2 years old and we had a 50/50 split on all finances. My son, the father of this grandson, will not speak to his father so he did it out of spite. Can I do anything to try... Read more »
Exactly what kind of account was set up for this child? Was the child's social security number used for the account? If it was a proper UGTMA account, then no one would have any rights to the account - EXCEPT the child. In this situation, you would have no claim to 50% of the funds, There...Read more »
The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?
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