It seems to me from the limited amount of information provided, that either you both have an interest in the other's real property or neither of you do. Start with the premise that you are both still married. Therefore both properties are marital and subject to equitable distribution. Now...Read more »
I filed and served a petition for modification of alimony. My ex did not answer in 20 days so I filed a motion for default judgment. The clerk did not enter the default judgment. Instead I got an email from the JA requesting hearing dates on my exes motion to dismiss. Are there any circumstances... Read more »
What is required is that a responsive pleading be filed within 20 days. A motion to dismiss is a responsive pleading. A motion to dismiss a supplemental petition for modification of alimony would generally be based upon a lack of a substantial, unanticipated, change in circumstances. Examples...Read more »
Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »
He appears to be off the hook as long as you allow him to be. Your ex cannot be required to pay for a daycare that is not in operation. Now, if you were to ask him to pay the same amount to the new daycare and you are willing to pay the difference, I think you would have an argument. Otherwise,...Read more »
My husband bought a house before our marriage. If we buy home appliances and remodel the house using credit cards under the name of both spouses, and then we pay off all debts with the income from the non-marital home, Do all the appliances and updates that we did in the house become marital... Read more »
This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital...Read more »
I had start of Christmas break until Christmas at noon and my ex had from Christmas at noon until end of break which gave him 2 weekends which is the benefit of having the second half of Christmas break, and i will get go enjoy that next year. After i had my half of Christmas break and he had his... Read more »
Usually this only happens if there is a provision in your Parenting Plan or Settlement Agreement which states that there will not be three weekends in a row. Typically, I do not include these in mine for the very reasons you cited, it throws off the entire schedule. Assuming this clause is not in...Read more »
This will really depend on the amount in your IRA. The Court will start by looking at your relative incomes. Assets are then also considered by statute, but unless the assets are significant, a court will typically not order alimony when there is otherwise no ability to pay. You may also...Read more »
We have started talking about getting a divorce. I found out earlier in 2020 that he was having an affair. He has since changed his log in for his 401K account and withdrew money to go on a trip and she also went along. Then he just got terminated on Dec 27th and now has cashed out his 401k as well... Read more »
I would suggest you retain an experienced divorce attorney and file divorce immediately in order to protect the assets. There is law to establish marital waste for the money he has spent on his extra-marital affair, but it does you no good if there is no money left. Once filed, you can attempt to...Read more »
Sadly, I think this was an unanticipated matter not really addressed by your settlement agreement. I think the recipient of the home could argue that these are closing costs. I think you could argue that not all costs in the settlement statement are closing costs. I think you ought to discuss...Read more »
We’ve never combined bank accounts. He’s been married three times and he’s always insisted on being the provider. Even our therapist has suggested he let me pay for stuff and he won’t let me. Am i entitled to anything if we split? He’s been deceptive and untrustworthy and at this point... Read more »
The answer is yes. Regardless of your name not being on bank accounts or retirement accounts, you are entitled to half the assets accumulated during the marriage. Depending on the finances, you may also be entitled to some short term alimony to help re-establish yourself as a single person. I...Read more »
Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.
The general answer is no. If your inherited funds were spent during the marriage, you have accepted that as part of your marriage. That being said, through the process of equitable distribution, you would still be entitled to half of the value of the remaining assets (the car and the motorcycle)....Read more »
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