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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Oct 06
2001

Ask a Lawyer: Wife left and closed all joint accounts and took everything

Posted by Dads Divorce in temporary , savings , Rules , Procedures , pendente , motions , MO , lite , assets , Ask A Lawyer , account

Question:

My wife left about a month ago and cleaned out all of our joint accounts. I was a widowed man with 2 boys ages 13 and 10 before I married her a year ago. My kids are mine, no adoption was ever done. She left a marriage to come to me and cleaned up in that marriage. She has her own seperate pre-marital money of over $300,000 in her name and I never asked to comingle that. However, what she did do was clean out 2 joint CD accounts totalling about 120k and our joint checking account of nearly 10k. One of the CDs was my children's college funds of $45,000 that had been saved from the their deceased mother's SSA survivor benefits. I'm at a loss here as to what I can get back. I have filed for divorce. She came back for a week at Christmas and then left after New Year's Day. What can I do?

Answer:

I suggest you file a PDL (temporary) Motion to prevent any assets from being spent, acquired, etc. Do so as soon as possible to protect those assets that exist. Also get together all of the documentation showing what has been taken from the banks, etc.
Nov 29
1999

Ask a Lawyer: Can I keep the house if I invested my money from inheritance?

Posted by Dads Divorce in Property , MO , marital , Maintenance , investment , house , home , equity , Child Support , Ask A Lawyer , account

Question:

My wife and I have split up. She has left and has acquired an apartment leaving me and my 18 year old daughter in our home. Over the last 2 years, I have spent about $60,000 from an inheritance on the house. If it comes down to a divorce, my wife has already stated I can have the house. Will the money spent on the home in the last 2 years be subtracted from what would be her share of the equity? Also, we have had seperate checking accounts for 10 years or more. I have been paying the house payment and all utilities. My wife does work and has her own accounts. She was just responsible for groceries. My 18 year old daughter wishes to remain with me. She will be going to college.

Answer:

As far as the house and your inheritance, that question is difficult. If she choses to ask for one-half of the total equity including your separate funds, then you will have to prove that you used separate monies not for the benefit of the marriage, but that you knew the marriage was over and that you were trying to improve the home for you and your daughter. This is a toss up and is highly dependent on the documentation you can produce to show use of your funds.
Nov 29
1999

Ask a Lawyer: Disablility of the wife

Posted by Dads Divorce in Visitation , Parenting , misconduct , LA , income , gambling , fraud , financial , custody , custody , assets , Ask A Lawyer , account

Question:

My wife is disabled and refuses to go to work. She is taking some college courses just to have something to do. Her parents pay ALL her household bills, have given her a house and a car; her parents pay her car insurance as well. Her parents also own a grocery store and provide her with all food and necessities to clean the house. If there is a problem in the home her parents pay for all repairs. We have been seperated for 6 months and she rarely lets me speak to our daughter even though I call every single night. She has called my work and told lies about my having an affair and not sending her any money. I have the written signed statements from the people she spoke to about this and she called back the same day admitting that what she said earlier was a lie. She has been harrassing my friends and co-workers with phone calls. Her phone bill, if subpeonaed will verify this. She went to the casino in January and won almost $500. When she told me about it she immediately asked me to send her $100 because she didn't have any money. I have proof from Wells Fargo Bank and Discover card that she took out a credit card in her name but gave them my checking account number to have the payments made by me. She was never and has never been granted access to this checking account. I have the written proof from Discover that she did this. All told $322.23 was deducted from my checking account between December 1 and January 15. I have bank statements to attest to this. Luckily, my bank refunded all the money back to my account. Based on this info what are the chances of my getting primary or sole custody of my daughter?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Louisiana. I am sorry but it is diffuclt to determine whether or not you will get custody from your question. Usually custody is determined by what is the best interests of the child. You have stated very little here about her parenting skills, her ability to care for your child, her actual disability. All of these are very important to any determination of custody. Do you think she is unable to care for her or do you think she is unfit? If she is unfit you need concrete documentation of the issues. Also why are you not going to see your daughter? This would greatly increase your chances for custody.
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