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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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Jan 07
2009
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Question:
My brother is in a very difficult situation. He has been married about 5 years to a woman who is from another country. I believe she is now a legal resident. She left the house with their 3 children and moved in with her sister in Waco while he was at work. She told him she needed time away. He did not argue and let her go without any problems. He continued to send her money and he would visit the kids on the weekend but was not allowed in the house and could only stay outside with the kids for 30 minutes. She did not let him take them anywhere and he did as she asked. A few weeks later, the police came to his house and arrested him because she said he beat her. When we got him out, he went to his house and she had been there and took several items. He was not able to see his kids for several weeks because she filed a restraining order. After a while, she decided to come back and the case was dismissed. She admitted in writing that she lied because she was having personal issues with her life. Now, the marriage is unbearable for my brother. She is constantly threatening him with taking the kids to Mexico while he is at work. She does not let him take his kids anywhere, not even to see their grandmother who has not seen them in months. He does not want to aggravate her because he is afraid that she will accuse him again. He wants to get the charge expunged before he files for divorce. He is also afraid of losing his kids. He has tried to appease her in every way but she continues to threaten him. I want to know what you suggest he do first.
Answer:
It is really important to know that any finding of family violence will be very detrimental to his case. Make sure these allegations/charges are resolved as soon as possible, but remember she can make such false allegations again. He needs to avoid any unsupervised time with her. Meaning when he picks up the kids, etc. he needs a witness with him at all times. He needs to get to court to get his rights established and to stop her from being able to move out of the state/area with the children.
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Dec 07
2006
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Ask a Lawyer: Change of Child's home of custodyPosted by Dads Divorce in Visitation , TX , Parenting , custody , Ask A Lawyer |
Question:
At what age can a child decide who to live with? My daughter will be 14 in October and has shown interest in moving in with my new wife and me. When can she make this decision? We live in Washington, and she lives in Texas. The divorce took place in Texas, and I am in the military with no choice of where to live.
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Nov 07
2005
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Ask a Lawyer: social security/marriage lawsPosted by Dads Divorce in TX , student loans , social security , Rules , Procedures , marriage , Ask A Lawyer |
Question:
If I marry a man who has an outstanding debt to the federal government for an unpaid student loan, will I get my social security withheld? The debt will never be paid back, because he will never have the money. I have worked hard all my life, to insure that I will get my social security when I retire. If I marry him, will this be taken away from me?
Answer:
Generall, a debt for student loans is separate debt that can not be ordered to be paid by the other spouse in a divorce situation. It should not impact your benefits. I think you should verify the same with social security to be certain, as normally this issue is dealt with in a divorce scenario.
