Divorce Solutions

Jun 27, 2020

Question #112

I have been married almost ten years-4/20/04. If I get a legal separation, can I also stay on the medical insurance. He is a Suffolk County police officer- the insurance for me and the two kids is free- no out-of-pocket expenses. Also, he is an extreme drinker and has some police reports filed on him for abuse to me only -the abuse (all of them has been since a month after we married. I have always kept a diary and can list all the times, which he has often been involved in his behavior. To top this, he has many girlfriends. One, after two years of coming here breaking in, ramming garage doors and getting my husband loaded work gun and holding James & I hostage, etc. His boss finally kept coming here and finally talked me into an order of protection -in which she violates here and there- but its much better.
My husband still meets her. He goes to all her court dates and has a tattoo on his arm of her name for about two years now. I live in fear from him every day do not have any access to money. While it’s pretty horrid, he does not hurt the kids. He ignores them; always did. Their ages are 5,7 they do not like him and are telling me not to let him in the home and want a new nice dad, well he does make $102,000 a year. Still, he fails to give us money, and I mention he goes missing for days, sometimes weeks, etc. with no way to contact him -my mom lives downstairs and thank god for her she doesn’t make much with social security but can help sometimes. I have recently had to go to a church for food. It was embarrassing he keeps his paycheck cash in his wallet; there is no money anywhere in accounts. He pays bills sometimes, but the house went into foreclosure twice. My friend gave me the money to save my youngest child will be going to school soon he forbids me to work all these years, and have to produce receipts when he gives me food money to check to make sure I never get change back and to see and criticize what food I bought.
My friends help to get me hand- me- downs for me and the kids and even bought them new jackets for the winter when they came here (which is only allowable when James is working). He does not know we are not allowed to have anyone over to visit- anyway I cried when I got the jackets- our home is falling apart it was a foreclosure when we got it and needs lots of work which he does not want to or have any repairs, so it is not worth much. But he always on vacations himself, out at bars all of the time, sporting events, rock concerts, etc. And the cable shut off again. Phone disconnected again because he so late paying or for lack of not paying them, etc.. what would be the best thing to do –also he does want a divorce or separation -that he is handling everything etc-but he does not. I need help-also he has a son who is 12 from a previous girlfriend he never sees him last time maybe three years ago my kids and I would get and see him 100x more than James-the child support is 700.00 a month which is garnished from his paycheck. I sure this would have some bearing on kids and me. I live in New York State. Could you tell me how much I would receive in child support thank you- sorry it is so long, but I guess you would need to know basic of components thank you, please write back.

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Jun 27, 2020

Question #113

Married 1971,children now 24,28.I started divorce 1993, husband unstable, Children and self left the house for safety in 1994, Trial by jury in 1996 contested by my husband. I lost. So I am married to someone who would hurt me if he could find me. I have been in hiding since Trial. Children are now grown, on their own. My husband bought another house in upstate NY about three years ago. He had been living in our house that we bought in 1976, which is now paid for up until this summer, while he has been visiting the other house on weekends. He now lives upstate and plans on renting our house. Questions: does he have the right to rent without my permission? I was in a bad accident in March of 2003. I’ve had seven operations since; the last was a spinal fusion leaving me out of work. I do collect social security disability. I haven’t asked him for any support or help of any kind. However, if he is not going to live in the house, I might. Should I get a restraining order to prevent him from renting? Should I break into my house (he changed the locks in 1996) and change the locks myself and start living there? I need to know what to do because once someone is in the house, it will be impossible. Help me, please.

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Jun 27, 2020

Question #83

My husband and I have been married for 2.5 years, and we have a four-month-old daughter. My husband has not worked in a year, and I have been paying his child support for another daughter he has, as well as the mortgage and all of the bills for some time now. He can work, he just isn’t right now, and if the child support isn’t paid his license will be suspended. We live in NYS, is he obligated to continue to pay child support even though he doesn’t have a job right now? Also, his name is not on the deed or mortgage, can I make him leave the house if we are not divorced yet?

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Jun 27, 2020

Question #101

We have a legal separation, which is five years old. At the time, my husband wanted his complete retirement fund, and I wanted two houses. He agreed at the time that he house equity offset his cash, and that is how we did the agreement. The stock market downturn has severely depleted his savings, and he wants to change our understanding. Is he going to be allowed to change our agreement to do this?

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Jun 27, 2020

Question #119

Can I offer a one lump monetary settlement instead 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.

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Jun 27, 2020

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 homeowner’s insurance. What can I do? Can I request money from him for the late payment?

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Jun 27, 2020

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 before 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 money be split in half between us? Thanks!

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Jun 27, 2020

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 an excellent 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 or any money to fight over. 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 there 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.

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Jun 27, 2020

Question #136

My husband and I have been married for seven months and are already discussing divorce. We should not be married to each other. My question is, His parents offered to help us by paying for the wedding or by getting us into a house. We opted for the house, and it was purchased. The mortgage is in his parents’ name as well as his. I was led to believe that my name would be added to the deed once we were married, but it has not been added. I changed my mind about having children(don’t want to), and that is why we are discussing the idea. I have contributed to half of the financial responsibility, but I am not on the deed. Should I stop contributing? The insurance policy, however, lists me as a primary insured. I have been contributing half of the payments to the mortgage, even though my name is not on the deed. I am wondering if I have any entitlement to the property. We have made improvements to the house during our engagement and were led to believe that the house down payment was a “wedding gift”. Who gives a gift to just the groom? Anyway, the house has increased in value. If we sell, am I entitled to the money at all, only the increased value, or to all of it or none of it?

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Jun 26, 2020

Question #53

My husband has a piece of real estate, which I have asked them to deed over to me to secure the payment of any settlement arrangement, but he has refused. What can I do?

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