Question #319: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 don’t know why, because their was nothing to fight over. Now this is costing me more money because he can’t 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 don’t know why. Why can’t 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 you 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 court’s 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

Question #308:Hello My wife and I are going to file for divorce, and I’m worried it will turn into a long legal battle. IF I open an irrevocable trust fund in the name of my children prior to the filing, and I do that with 50% of all of the cash we have now, could the court (in NY) then say that the money put into the trust was my half, and then my spouse would get all of the remaining cash? Or would the remaining cash be split in half between us? Thanks!

Yes, you run the risk that the Court will see the transfer as a way to avoid giving your wife her equitable share (which may not be half). It would be best to reach an agreement w/ your wife about how much to give to the children.
If you are living in the NYC metro area, please call me to arrange for a meeting to discuss this matter in greater length.

Divorce Solutions
Leonard M. Weiner, Esq.

Question #260:My husband and I are separated. Two months after the separation he filed for divorce. According to the separation agreement, my husband had to pay the car off by May 1, 2011 and transfer the title to me. He still has not done this. I will get a 155.00 decrease in my homeowners if I use Allstate for both car insurance and homeowners insurance. What can I do? can I request money from him for the late payment?

You should send him a certified letter informing him that he is in breach of the Separation agreement (quote the paragraph) and that if you do not received confirmation of the payment and the title to the car as agreed, you will be forced to hire an attorney to make a motion to the court to enforce this provision and that he will have to hire an attorney to respond and pay for yours as well.
If he does not respond, you can proceed to enforce the Agreement in court. The court should allow you any immediate damages you suffered as a result of his breach.

Leonard Weiner, Esq. /Divorce Solutions

Question #119:Can I offer a one lump monetary settlement in lieu of traditional alimony payments, that includes a monetary sum and the cumulative sum of the value of precious gems i am willing to give her.

One of the many advantages of mediating, rather than litigating a divorce, is that you can provide creative solutions to meeting and satisfying the needs of both parties.
If you are located in the New York City metropolitan area, I strongly suggest that you contact may at 212-370-1660 to arrange for a meeting to discuss mediating your divorce in which we will be able to discuss this and other different types of creative solutions to resolving the financial problems that may exist between you.

In mediation all reasonable offers are discussed and entertained.

Leonard M. Weiner, Esq./Divorce Solutions