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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.
Tags >> inheritance
Oct 19
2009

Ask A Lawyer: How Do I Not Lose My Down Payment In A 50/50 Split?

Posted by pmcmahon in Legal Strategy , inheritance , Erik Carter , Cordell Cordell, PC , Ask A Lawyer , 50 Percent

Question:

My wife wants a divorce and we currently have our house up for sale.  I put down about 100K on the house when we bought it and that money was from the sale of some inheritance property I had. The problem is that my wife wants us to do our divorce through some online website and split everything we have 50/50, including the house.

Because of the slow real estate market, we have already lowered our sale price considerably and I would lose a lot of my down payment if we did a 50/50 split. If we could get a good price for the house, I’d be alright with doing a 50/50 split. We owe 365K and the sale price of the house right now is 559K. I just want to get close to my original investment back and she can have the rest. What should I do?

 

Oct 13
2009

Ask A Lawyer: Do I Get 1/2 Of My Wife's Inherited Property?

Posted by pmcmahon in Richard Coffee , Property , Legal Strategy , inheritance , Cordell Cordell, PC , Ask A Lawyer

Question:

My common law wife has told me that she wants to move on for the third time in 5 years. I want to make it work, but this time I think she is having an affair and don't think I can do it anymore.

I put her through college, we own two homes, have one son together, and I have raised her other son for 12 years. I desperately want to keep this house to raise our boys in, but I can't afford it on my own. She has said that I can have both kids. She inherited 120 acres of farmland in Minnesota that is split betwen her and her older brother. Would I be entitled to 1/2 of her share? If so, I think I could keep the house and the boys.  This would enable me to potentially begin moving forward.

Sep 18
2009

Money Made Easy: Uses For An Inheritance Or Other Financial Windfall

Posted by Rick Ortiz in video , Money Made Easy , inheritance , Dan Danford , bonus

Don't you just love it when unexpected money comes your way! The key to getting the most out of a financial boon is understanding ways to increase the positive impact that the money can give you. 

Dan Danford, MBA, CRSP of Family Investment Center explains the best ways to best enhance your life on those occasions when you are the beneficiary of an inheritance, unexpected bonus, or other financial windfall.

 

Nov 29
1999

Ask a Lawyer: Interstate Custody, Visitation and Child Support

Posted by Dads Divorce in Rules , Procedures , multi-state , interstate enforcement , inheritance , IL , Child Support , Ask A Lawyer , arrearages,

Question:

My case originally began in Pittsburgh Pa.(Allegheny Co.) I was ordered to pay child support even though the court improperly eliminated my custody rights without my consent. They further sabotaged any attempt I made at obtaining visitation. I have no restraining orders against me and I was never alleged to have been abusive against my children. Because of financial reasons, I moved to Chicago, Illinois. My child support is attached from a structured settlement that I inherited the right to receive, even though PA. state law deems inheritances exempt from consideration for the purposes of child support. (Humphreys v. DeRoss) On at least a dozen occassions, PA will go further and additionally attach my wages for the same amount of child support that they seize my inheritance for on a monthly basis. Which constitutes double-attachment. They continue to do this even though I am a resident of the state of Illinois (Cook Co) without ever establishing "interstate status" that under law should recognize that now that I AM a Cook Co. resident, the laws of the state of Illinois are now the presiding laws that govern my payment of child support, and that Allegheny Co. PA has been (or should be) reduced to nothing more than a collection point. Since PA refuses to do so, I must petition the state of Illinois to step in under the interstate provision. Yet I cannot afford an attorney. How can I go about doing this myself?

Answer:

I cannot answer your question specifically to the laws of Illinois or Pennsylvania as I am not licensed in those States. I believe that you may want to consider a couple of issues. While I have not reviewed the case cited, it is possible that the inheritance would not be considered for determining your income for support purposes, but they could attach for arrearages. Furthermore, it is allowed for both States to seek to enforce the child support order. Illinois should only enforce the original order and should not be taking more. It is a little unclear in your question if the amount of money being taken is double the order. If that is the case you need to file a Motion for Sums Due and Owing and likely a Motion to Quash the wage assignment/garnishment. I suggest that you file the Motion for Sums Due and Owing in PA.
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