FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
My son is going through a divorce. It has been going on for about 2 to 4 years. She threw him out of the house twice. The first time I as his mother had to fly in to help him find him an apartment and buy him furniture so he can live. He has a very good job but she wiped him out of whatever they had. The first time he was thrown out he had a lawsuit going. He received the settlement. She decided to take him back and try to make the marriage work. After the money was gone she then threw him out again with no money. Mother came to the rescue again and got an apartment for him and paid for everything. He owes me that money which is quite a bit. Now it was time to get a divorce lawyer and told them what happened. They proceeded to tell me that this was an easy case, since they had no house no money to fight over with. He has two children one is 21 and the other is 19. He does pay child support. He also pays for her auto insurance which the car is in his name. She did have a job and my son was paying for her tolls in which she was getting reimbursed for it from her company. She hired a lawyer and they went through 3 depositions and I donít know why, because their was nothing to fight over. Now this is costing me more money because he canít afford to pay for his lawyer. Now in April they are going before a Judge (mediator) . Her lawyer wants to go to court what for I donít know why. Why canít this be settled in April before the mediator? When they first went to court the Judge said what are we here for. She has nothing and he has nothing. But nothing was done. I had to pay his rent several times plus I have to send him money for food. So could you tell me What Kind of Laws do we have that this has to go on and on? Please advise because I cannot keep paying all this money. Thank youAnswer:
I do have so much to say but hopefully I gave enough information.
I strongly suggest your son tell his lawyer that he can no longer pay him and that he insists on going to a neutral lawyer- mediator, experienced in matrimonial matters in the county and court he is presently in, and resolve the outstanding issues without the courtís further intervention.
If both parties agree to the mediation, the issues should be resolved quickly and expeditiously w/o major, additional legal expense.
If your son is located in the NYC metro area, have him call me to discuss the matter further.
Leonard Weiner, Esq./Divorce Solutions