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Nov 07
2009
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Question:
My divorce decree called for me to split the stock options that I was awarded by my company. My ex received 1/2. I sold stock options at her request late last year. She received the proceeds from the stock sale as soon as the check arrived. Now she is asking me to reimburse her for the social security and withholding tax that was generated by the stock sale because it went to me. My lawyer is not a tax attorney, but this was his interpretation: "She is to pay all income taxes, etc. due on the stock options she owns and exercises. The decree says "It is further ordered and decreed that (her name) shall timely pay and indemnify (my name) and his property harmless from any and all income taxes attributable to the ownership and/or exercise of the options ...
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Nov 07
2009
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Ask a Lawyer: STOP/ MODIFY ALIMONYPosted by Dads Divorce in SC , Legal Strategy , Ask A Lawyer |
Question:
Are there papers that I can file myself to stop/modify alimony payments in South Carolina? My ex had no skills when we divorces in 1989. She has made more than money for years. I do not have the money for an expensive lawyer. I have not worked in 3 years due to Rheumatoid Arthritis which was diagnosed abut 5 years ago.
Answer:
I am not licensed in South Carolina. However, most legal proceedings can be done pro se (without a lawyer). Keep in mind if you do file without an attorney you will be held to the same standard as an attorney. Meaning you will need to follow all the rules and procedures as if you were a lawyer. Your state may have a self help center with forms and or instructions for filing. Check out your states Bar or Judiciary websites for guidance. You may also want to contact your local legal aid for free assistance.
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Nov 07
2009
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Question:
My father is 73, retired USAF with 40% disability pay. He is getting divorced. His wife was not with him while he was on active duty. All children are grown and out of the house. He has been the primary bread winner, but she has had a job for quite some time. During the marriage she was funneling money back to the Philippines and bought a house in her name only without telling my father. He recently discovered this. Is his retirement subject to division as marital property even though it was his when he married her? Is his disability also subject to division? Is the house she acquired with his money during the marriage subject to division? Please help? I need some direction for him as he goes into mediation. She also emotionally and physically abused every child but her own while they were in the house. My father was not very aware.
Answer:
I am not licensed in South Carolina. Every state will have different laws concerning property division so you should also consult an attorney your state. Most states include all assets in the marital pot, including retirement earned prior to marriage. However, the court will likely set that aside to your father since it was earned prior to the marriage. As for the house in the Philippines, it should be included as an asset. It may be difficult to value since it is out of country. Its value should however be considered when dividing the marital pot.
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Nov 07
2009
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Ask a Lawyer: Spousal SupportPosted by Dads Divorce in OH , Maintenance , Child Support , Ask A Lawyer |
Question:
I was married 18 years. 3 children - the last one just graduated high school. Wife has LPN license, but has not worked full time for many years, she mostly worked in home care under the table. I filed for divorce in June 2006. She was already on probation for a theft charge. To make long story short, she was arrested on a felony drug theft charge, had a DUI & several other traffic violations in a short period of time, lost her driver's & nursing license & spent 6 months in correctional facility. I was awarded custody of son & house. Now she is out & wanting $1500/mo in support & her attorney fees paid. She lives w/her sister & works 20 hours/wk at $8/hr. She says she can't find anything else. Her divorce attorney is also criminal attorney. My question is will the court look at the circumstances preceding & during our divorce to determine support? My understanding of spousal support is that it avoids an unfair economic consequence of divorce. The divorce was not the source of her financial problems, her drug problem was. Any advice would be helpful.
Answer:
I am not licensed in Ohio and a determination of spousal support will based on the laws of Ohio. You should also seek the advice of counsel in Ohio. Spousal maintenance is usually at the discretion of the Court. You make a valid argument that her financial problems are of her own making. At the very least maintenance should be determined based on what she would be making as an LPN not on her current earning ability.
