ExpertLaw.com Forums

Divorce, Support and Affair?

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 07-12-2006, 10:32 AM
    Dad2
    Re: Divorce, Support and Affair?
    Let me start off by saying, that I am anti-ex wife.
    I just recently went through a divorce, and got raked through the coals, and because of that, I ( up untill now ), have not felt sorry for the ex wives ( when children are involved )
    That being said.....
    You are getting skrewed.
    Yeah, the $1,300 seems pretty good.
    But, here's some of the things you need to think about....
    1) When will he have the children on a week to week basis.
    2) What about holidays?
    3) You need wording in the divorce settlement, that says how often the child support will be re calculated. If he hits the lottery, or gets a good paying job, he will need to pay more
    4) What about out of pocket medical expenses. Will it be 50/50? If you don't word it correctly, and Jr. needs a full set of braces, YOU will be paying for it, because YOU have primary physical custody.
    The fact that you are using the same lawyer, as him, is concerning, to say the least. Of course he will represent you, as long as the father gets what he wants. That's a no brainer, slam dunk easy win for them.
    You can get a lawyer, for free, based on your disability and income. You just need to put in the effort, and look. Call your child support system, and see if they can point you in the right direction. Help is avaiable to you, if you look for it. Remember, you need to find the help, the help won't find you.
    Moving on...
    You will most likely not be able to touch his retirement.
    5 years is a short term marraige, you are not entitled to anything concerning retirement.
    He does not have to keep you on his health insurance, if the health care provider does not allow it. Once youre divorced, your off. You children on the other hand, may stay on his health insurance.
    The courts dont care why you are getting divorced. It doesn't matter if he has a girlfriend or not. About your recording the phone conversations....
    Some states it's legal, some states it's not. Check this website for more info on your state...

    http://www.callcorder.com/phone-reco...aw-america.htm

    Get yourself a lawyer.
  • 07-12-2006, 10:42 AM
    Mr. Knowitall
    Re: Divorce, Support and Affair?
    Quote:

    Quoting Dad2
    The fact that you are using the same lawyer, as him, is concerning, to say the least. Of course he will represent you, as long as the father gets what he wants. That's a no brainer, slam dunk easy win for them.

    I agree with that. It's even worse if this lawyer really was already respresenting you in another matter, then took on a client he knew wanted to sue you. (Divorce is a lawsuit.)

    Quote:

    Quoting Dad2
    You will most likely not be able to touch his retirement.

    I disagree with that. Michigan law gives you the right to a share of the retirement accounts / pension. If he doesn't want to give you that share, he should pay the cash equivalent to buy you out.

    Quote:

    Quoting Dad2
    He does not have to keep you on his health insurance, if the health care provider does not allow it. Once youre divorced, your off. You children on the other hand, may stay on his health insurance.

    Not quite. If the plan qualifies you would be entitled to continue insurance coverage at your own expense through COBRA, although many people find that option unaffordable. Most health plans will not cover a spouse after divorce (and if there are any left which will, you can anticipate that they'll be changing their policy terms.)

    The tape recording would probably be admissible, but I doubt a court would give it much weight.
  • 07-12-2006, 12:50 PM
    rmet4nzkx
    Re: Divorce, Support and Affair?
    You need your own attorney and it may be unethical that this attorney attempted to represent both of you in the first place.

    This whole situation is not uncommon in MS and the bankrupcy obviously plays a roll and there are likely to be more hidden reasons behind his generous offer.

    While $1300 for child support may seem fair considering you are talking 50/ 50 parenting time it will end when the children reach majority, what about college? If you are on SSDI then then you have some income now and at 27 months you will become eligible for medicare which will not cover all your medical and Rx costs, something to consider is asking for him to provide a medicare gap & Rx plan, these costs are the main reason why so many marriages where on spouse has MS end in divorce unless they have very good medical insurance. If he won't continue your insurance, you possibly wouldn't have had MS without the birth of your children that he fathered, that would be a part of the ongoing spousal / child support costs and possibly some spousal support after the children reach majority. You are entitled to 1/2 his pension for the time you were married or something close to that in a buyout. Same thing for your share in other marital assets.
    Just because you have MS shouldn't keep you from having custody or at least primary care since you have been the primary caretaker of your children.

    True story.
    A "friend" announced his wife of 15 years and of his 3 children had MS. This announcement envoked a lot of sympathy for him and his family, that was the public view. Privately he was soliciting favors from clients from everything from doing housekeeping and gardening, auto repairs, artwork, carpet cleaning and trying to get his wife's Rx filled on his client's HMO Rx plan! Unfortunately he was also soliciting "favors" from at least 5 of his female clients including having sexual encounters in his office which threatened his license. I had knowledge of many of these ethical/legal violations and was in a place where I had to cooporate with the professional board as a witness. About this time he became more open in a serious/sexual relationship with one of his borderline clients while billing her insurance company. Eventually he moven into an apartment with her while publically denying their relationship and accusing me of slander and blaming me for him getting caught, he is a self admitted narcissist so this was in character.

    He filed for divorce without an attorney and stated on his divorce petition that he would pay for his wife's attorney if she needed one. She got one, pronto, he eagerly offered what seemed a very generous settlement, because he knew his license was about to be revoked and failed to disclose that information. Luckily, a little bird called her attorney and informed him of the pending administrative action against his license and how to get the formal accusation, which put a very large hitch in his plans. He eventually lost his license and his wife got a better settlement that she would have had had the other offer been accepted. This was in a nofault community property state.

    Get your own attorney who will represent your interests and the interests of your children and don't listen to his threats.
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 01:44 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved