Divorce Solutions

Nov 27, 2018

Question #321:My wife of 13 years left my house almost 4 years ago on her own accord. I have continued to pay her medical and auto insurance during this time period. What am I legally obligated to compensate her in a divorce might you think? We have no children and she lives with her adult children from a previous marriage. She was married previously for 25 years and now works babysitting her grandchildren. Might I have to pay part of my pension that I accumulated during our marriage? Does her abandonment have any bearing?

Without more info re: your wife’s income and assets , I cannot give you an accurate Opinion about what spousal support she is entitled to. Your portion of your pension that was earned during the marriage is marital property and she will have a claim to approximately half of it. Her abandonment should be taken […]

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Nov 27, 2018

Question #320:If I get married in ny state and me and my wife get a divorce and I’m ordered to pay alimony and she gets remarried..do I still pay?

It will depend on the specific language of your separation agreement. Generally, there is a provision in the Separation Agreement that provides that spousal support will terminate when the supported spouse remarries. If this is a concern of your, make sure it is expressly stated in any agreement or Stipulation you sign. Leonard Weiner, Esq/ […]

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Nov 27, 2018

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 […]

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Nov 27, 2018

Question #318: I have a question in regards to back taxes owed by my ex- spouse. At the time we were married he owned a small business in which he was the sole owner. We officially separated in 2011. Our divorce was final October 2013 but the final decree was signed by the judge July 2014. During the time he had this business and through our marriage, my role in the business was just to keep track of the projects he was working on (mainly construction on hotels). After 2011 he made it difficult for me to gain access to file any tax returns and even took me off our joint bank account. After pleading with him for years for the information to file taxes he till this day is unwilling to cooperate. I don’t want to run into any problems with IRS and our final divorce decree does state he is responsible for any back taxes owed. I’m aware IRS doesn’t always accept this though. Since May 2014 he changed the company name and we are no longer In contact. I was also awarded 51% of his business, when it had the original name and not the new one he recently formed. Can I file for bankruptcy on that business since it was awarded to me 51% and there is no way of getting that information from him. Or can I file for injured spouse relief? I have not taken any action into actually putting the original business in my name and still stands in his name only. Thank you for taking the time to read and in advance for responding.

The real question is what happened to the original business, its accounts and assets? Were the assets of the original business taken over by the new entity? You as a majority shareholder have a right to demand to see the books and records of the original company and the tax returns filed on its behalf. […]

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Nov 27, 2018

Question #317:My daughter lives in Staten Island NY. She is getting divorced and would like me to buy her husband’s interest in the house. I live in NJ. What is the proper procedure to follow?

In order to properly answer your question I must see the Deed to see how the property is held, investigate if there is an existing mortgage or liens on the property, and Discuss with you the status of the divorce proceedings. Please call me at 212-370-1660 to arrange for a meeting to discuss this matter […]

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Nov 27, 2018

Question #316: In May of 2009 I moved to NY from Kansas. In August of 2009 I married a NY resident. In August of 2010 I moved back to Kansas and we are still married. My name is not on the home deed or mortgage but after almost 6 years do I have any claim to the property or his 401K in the event of a divorce? Thank you.

Because you are living in Kansas since 2010, you would have to file in Kansas, not NY. Kansas is an Equitable Distribution state meaning that generally any property ( including the house and 401K) acquired during the marriage with funds earned during the marriage (excludes funds received as an inheritance or gift from a parent) […]

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Nov 27, 2018

Question #314:I have an urgent question and would appreciate a prompt response please. I met my husband 16 years ago overseas, we have been married since 14 years ago, we have one child, a 7 year old boy, we live in NYS. I brought my husband here through marriage visa, i taught him English, driving, I left my Pharm D program to support him typing applications for months while we moved in with my parents who supported us. My father took out loans (as my husband did not have any money) to support his 33 residency interviews. During residency I typed all his medical notes and worked 30 hrs a week, as his English wasn’t that good. I continuously gave up great job opportunities in my field to support him and help him. Once he was finished with residency, he decided to apply for fellowship, I typed his applications every single day, I did Everything for him, many times while he slept. During the marriage when he was angry, he was abusive, verbally and sometime physically. However, there were good times, and he was kind at times. 2 years ago, his mother became ill with terminal cancer and moved in to our home, while I was finally concentrating on my studies (boards). I took care of her with him for 6 months, she than passed away. However, when she was here, she was at times rude to me and she did cause a huge strain in the marriage, making the problems worse. As soon as she passed, when we thought we could find some normalcy. My father became ill and was in the hospital for 6 months, we found out he has pancreatic cancer with poor prognosis. Thus the past two years have been extreme stress. Since about 6 months ago, my husband started to pick fights with me for no reason, which made me so angry, because he wasn’t there for me with hardships I’m facing about my dad, like My entire family was for him. I thought he was just being crazy. However, since a few weeks ago, he has been so adamant about an urgent divorce. I had asked him to move out last year and he didn’t ..long story short, i thought it was so heartless that he is asking me to sign with a mediator RIGHT NOW that my father has such limited time left. However, I found out he is cheating on me with a nurse at his job. He doesn’t know that I know. I tried to talk to him, and he was going to change his mind, but she texted him all night and changed his mind back. I explained that I cannot go through two major crises at once, and he seems to be in such a rush. I think this may have something to do with her or finances . I also just found out that he opened a Money market for a lot of money, and possibly wiring money elsewhere. I feel like I don’t know him anymore. Not only am i going through my father’s crisis, I’m also ill right now, this is the worst possible timing of him to do this to me. I just don’t understand it. I have injuries from an accident, i have untreated sleep apnea and a boat load of other stuff going on. I am not even sure if I can handle what I’m going through with my dad and functionally taking care of my dad with my illnesses, and the additional emotional devastation I will incur from his leaving us high and dry, after everything I sacrificed for him. If he is emptying accounts and putting things in his name, does that not get divided? can you think of a financial reason he is rushing me so much? What can I do to protect myself and my little boy? is there any way to delay this process so i can deal with my father first? I got our joint checking account statements and I do not see any withdrawals for the amount he deposited into the money market… is there any other way he is getting money from? Please advise on these q’s asap, I’m so sorry for the long post. If he is emptying accounts and putting things in his name, does that not get divided? can you think of a financial reason he is rushing me so much? What can I do to protect myself and my little boy? is there any way to delay this process so i can deal with my father first? I got our joint checking account statements and I do not see any withdrawals for the amount he deposited into the money market… is there any other way he is getting money from? Please advise on these q’s asap, I’m so sorry for the long post.

There is much going on in your life that needs to be dealt with and cannot wait, but you must get help from an experienced professional. To properly advise you I would need to discuss your situation in more detail and help you work out a plan to intelligently address each of the issues in […]

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Nov 27, 2018

Question #313:I live in long island NY. I’ve been currently married for almost two years and we have been talking about getting a divorce. We have a beautiful 1 year old baby boy. I am the only one that works, we rent an apartment/ shared with my mother. She does not work and does not have legal papers(undocumented). If we start the divorce would I have to give half of my income to her? I don’t mind giving child support, but besides that is she entitled to anything else? I am 22 at this moment and my wife is 26.

You would have to provide her with some form of Spousal support at least for a short period until she can get a job. The amount of Child support will depend on how much you earn. The exact amount of Spousal Support will depend on your present marital life style, how much you earn, what […]

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Nov 27, 2018

Question #311:My brother filed for divorce in NY from his wife and since then my Dad passed away and myself and my siblings have inherited my Dad’s home. My brother wants to buy us out and live in the house. Can his wife make a claim on the house once it’s in my brother’s name? Should us siblings wait till his divorce is final and then sell him the house?

Your brother’s portion of the inheritance, including his share of the house, if kept in his name only andseparate and apart from his commingled funds, are NOT “Marital Property” and his wife would have no claim to them. However, as you rightly are concerned, if he uses money he earned during the marriage, or commingled […]

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