Financial Issues When Divorcing

//Financial Issues When Divorcing

PENALTIES AGAINST EMPLOYER FOR NOT WITHHOLDING

Ex-wife filed a complaint against ex-husband's employer.  She alleged that it knowingly failed to withhold money owed for child support and maintenance payments from his wages on 15 pay periods. The trial court assessed statutory penalties against employer, in the amount of $66,700.  Employer appeals.   Employer argues that no penalties should have been assessed because [...]

By | September 21st, 2018|Child Support, Financial Issues When Divorcing|0 Comments

WHEN IS A JOB CHANGE NOT DONE IN GOOD FAITH?

Was husband’s voluntary termination of employment from Touche Ross done in good faith?  The test for good faith is: “whether the change in status was prompted by a desire to evade financial responsibility for supporting the children or to otherwise jeopardize their interests.” The facts concerning husband’s voluntary termination of employment from Touche Ross are, [...]

By | September 21st, 2018|Child Support, Financial Issues When Divorcing|0 Comments

THAT IS ONLY WHAT YOU THOUGHT IT MEANT

Husband was ordered to pay child support when the parties divorced.  He was not working at the time. The child support was based on imputed income.  Or, what he could be earning. The divorce decree had specific language about the definition of income from which child support would be paid.  It said that he was [...]

By | August 16th, 2018|Child Support, Financial Issues When Divorcing|0 Comments

TAKE ACTION AS SOON AS YOU CAN

Wife filed for divorce.   It is now two years later.  The case is set for trial.   Husband filed a counterpetition for legal separation. He also filed a complaint in the law division against wife. He claimed that wife and others schemed to divest him of his interest in marital property.   He said that they had [...]

COURT UNABLE TO MAKE A PRECISE DETERMINATION WAS ABLE TO MAKE A DECISION

Wife filed a Petition for Husband to contribute to her attorney fees and costs in divorce court.  The court held a hearing.    It ordered Husband to contribute $700,000 toward the attorney fees incurred by Wife. Husband appealed.  He argued that the trial court erred.  The trial court had been unable to determine with precision whether [...]

By | July 19th, 2018|Financial Issues When Divorcing|0 Comments

READ ONE LAST TIME BEFORE YOU SIGN

The parties divorce.   The judgment provides that their Agreement (MSA) settled 'all questions of property rights.  All claims against each other.  All rights of maintenance and all other marital rights arising out of their marriage to each other.' Wife was responsible for everything related to the marital home. It was now hers alone.  She believed [...]

READ BEFORE YOU SIGN

Husband and Wife in divorce proceedings had a marital estate worth $21 million. They disputed whether the assets held in certain irrevocable trusts were also part of their marital estate. In the mid-2000s, Husband retained counsel for the purpose of creating a comprehensive family estate plan. Over the years, the parties together established and funded [...]

By | June 29th, 2018|Financial Issues When Divorcing|0 Comments

WHEN CAN SOCIAL SECURITY BENEFITS BE CONSIDERED?

A public school teacher filed for dissolution of marriage.  Her husband was a disabled pharmacist.   They had been married for 37 years. The trial court divided the property of the parties between them.   It awarded each party a one-half interest in wife’s pension from the Teachers’ Retirement System (TRS).  It denied wife maintenance.  Wife appealed. [...]

WHAT IS AT STAKE TO GET THE OTHER SIDE TO PAY YOUR ATTORNEY FEES?

Husband appealed the court's allocation of property and debt.  A divorce decree was entered. It was husband’s job in court to prove that his 401k, ESOP, or stock options had a nonmarital value.  It was not wife’s job to do that.  The Court did not find that husband proved that his valuable assets were his [...]

By | June 22nd, 2018|Divorce FAQS, Financial Issues When Divorcing|0 Comments

BE CAREFUL WHEN YOU ARE BEING TOO CAREFUL

Wife filed a motion to enforce or clarify the marital settlement agreement (MSA). The MSA was part of their judgment of dissolution. The Trial Court properly granted husband's motion to dismiss.  Wife appealed. The Judgment of dissolution had included an express integration clause.   It stated their intent to bind themselves to their written agreement.  It [...]

By | May 31st, 2018|Divorce, Financial Issues When Divorcing|0 Comments