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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: 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.
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Nov 07
2009
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Ask a Lawyer: whats the differentPosted by Dads Divorce in MO , Maintenance , Child Support , Ask A Lawyer |
Question:
Can my arrears that I owe to the state be lowered are waived is there a different between the money I owe for child support and what I owe the state?
Answer:
I am not licensed in Missouri. I believe your question is concerning money paid by the state to support your child. In other words, your child received some type of welfare benefits. Normally, when a parent applies for assistance they have to give their right to collect support to the state. In other words, the support you pay each week or month goes to the state first. Once the state has recouped its money the remainder goes to the custodial parent. If you are behind on support a portion of your arrears may be owed to the state. Generally, the portion owed to the state cannot be waived. The portion owed to the custodial parent can sometimes be reduced by agreement. Contact an attorney in your state to review your file and determine exactly what is owed and to whom.
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Nov 07
2009
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Ask a Lawyer: SSI and child supportPosted by Dads Divorce in Maintenance , KY , Child Support , Ask A Lawyer |
Question:
My child's father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think the money should be given to my 17 year old to apply towards college since he will stop payments at age 18 and has no order to help with college. Will I have to return the child support paid for the last two years?
Answer:
I am not licensed in Kentucky. However, I do not believe you are obligated to return the child support. The disability is not the same as support. If your ex has a pending child support modification then his support may be reduced retroactively. Even so, any money already received by you would be considered a gift and not recoverable. Do not return the money unless ordered to do so by a Court.
