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Question: We have my 401K and investment property with a little equity, but due to the economy we have very little cash. Will the fees for attorneys come from the sale of assets and the 401K, or will I be responsible to come up with more money outside our assets?
by Richard J. Coffee, Cordell & Cordell, P.C. Of all the issues attendant to your domestic litigation matter, understanding the legal fees and costs incurred on your behalf should be the least confusing aspect. Lengthy litigation costs are usually foreign to many domestic litigation participants.
Question: I have the two children 67% of the time, Saturday thru Wednesday, yet I pay her support at the rate of $61.00 a week. Is there anything I can do about this? I don't want support from her and I think neither of us should pay. 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 Ohio. I understand your concern. You can file a Motion to Modify the support, however I caution you that with such a small amount of support even if you are relieved of your obligation to pay, you may spend more in attorneys' fees than it is worth.
Question: My brother is going through a divorce. His wife is bound and determined to take him to court and put on a show with a parade of "witnesses" to publicly humiliate him with claims of an affair. She is actually exacting a type of extortion on my parents and my brother to get him to agree to take all the bills and sell his horses and personal property to give her more money OR ELSE she will take him to court where he will surely lose and be punished by having to pay everything! It's hard to stand up to something when you don't really know how things work in our court system. I understand that affairs or claims of affairs can not adversely affect custody unless it can be shown that it interferes with the ability to parent. But, his soon-to-be-ex-wife wants to saddle him with all the debts and lawyers' fees as a just punishment. And believe me, she could put on quite a show... I think she is a professional victim! She makes more money than he does, and neither one of them makes more than 45,000. Do you have any words of wisdom? Answer: I cannot answer your question specifically to the laws of Texas as I am not licensed in that State. In some jurisdictions, misconduct does not affect any aspect of the divorce. In my jurisdiction, the Court can consider the misconduct of a party when dividing the property and debt. Not all affairs are misconduct. The affair (or other misdeed such as excessive drug use, alcoholism, abuse, etc.) must be shown to have contributed directly to the breakdown of the marriage. Therefore, if a relationship begins after the parties have filed for divorce, it is an affair (as they are still married) but not misconduct. If misconduct is shown, the successful party will get a higher percentage of the net assets. For example, instead of a fifty-fifty split it will be sixty-forty or seventy-thirty.
Question: The domestic violence charges against me were dropped. Why was nothing done to my ex (at the time STBX ) for her false domestic violence charge? Answer: I cannot answer your question specifically to the laws of Ohio as I am not licensed in that State. Just because someone does not pursue a case or even loses at trial does not mean that the allegations were or were not true. The court cannot make the assumption that because the matter was dropped that the charges were necessarily lies. People dismiss cases everyday for various reason. Often they may not be able to locate an important witness, they may not be able to secure time off of work, or any of a thousand other reasons. If you expended attorney fees in defending the action, many jurisdictions will allow you to ask for your fees when the matter is dropped. |
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