HopelessinSC Posted August 2, 2007 Posted August 2, 2007 I am going to a lawyer on Monday to file for separation from my controlling husband. However, today he had the house appraised and is planning to refinance. His name is on the house only. EVERYTHING is in his name. He is planning to take money from the loan (around $30,000) for personal use so that I won't receive a fair share of the house. He also has a home equity for $50,000 which is just sitting there. I have two children ages 9 and 11. He has been planning this for awhile and is trying to drive me out of the house with verbal abuse. Am I just out of luck or legally will I have any help? Also, he has been running up credit cards by shopping on ebay for large items, etc. Plasma TV, etc.
Gunny376 Posted August 2, 2007 Posted August 2, 2007 What he's doing is digging himself a very deep, deep whole. He's going to end up with a mortgage, a second mortgage, up to his eyeballs in debt, credit card debt out tha azz, and owing you half of the martial assets, plus child support. He'll then try and file bankruptcy which he can't because he probally earns more than the mean household income (which isn't all that much in SC) and so he'll end up having to pay Chapter 13, and have his wages garnished by the bankruptcy court. He probally won't be able to file child support, which means he'll have his wages garnished and be threatened with jail. Even if he doesn't pay child support you can go after him long after the children are grown and gone. Your biggest concern now? Is the creditors coming after you, so you want to get your name off as much as you can right now, and make damn sure you keep a eye on the tax situations. You can't talk to a lawyer soon enough! PS Your husband's a dumb azz!
Ladyjane14 Posted August 2, 2007 Posted August 2, 2007 Just make sure you see that attorney on Monday. Gunny's right... your STBXH is digging a hole for himself. The courts have seen it all though. Try not to worry.
Gunny376 Posted August 2, 2007 Posted August 2, 2007 South Carolina ( I lived there for nine years) is very aggressive in the enforcement of the collection of child support ~ the aim being to keep children and single mom's off of the public dole, (food stamps, welfare, etc). They recently arreseted a good old boy from SC here in Alabama who was $112,000 in arrears for child support. The courts as Lady Jane said have seen and heard it all, and if this old boy's going in looking for sympathy because he piled on all this debt in attempt to burn up all the martial assets, he'd best be carrying a dictrionary with him, and look it up between s*** and slyphiss because that's the only place he's going to find it. I'd hate to be him for sure. When you see your attorney you want to address Taxes, federal, and state issues Child support Custody issues Visitation issues Division of property and assets issues Retirement issues (IRA's, etc) Debt Isssues Credit Cards Mortgages Equity issues
LakesideDream Posted August 3, 2007 Posted August 3, 2007 Hold on Gunny! All may not be what it seems at first glance. I noticed on second reading that the poster didn't start with the usual "I've been married for 11 years to a controlling husband". Later she used the posessive I have two kids aged 9 and 11". It may well be that this is a second marriage for her. The children could be from that first realtionship. Also it could be that the house was his before the marriage, and if she doesen't work it still is. A couple of decades back I had a friend in that situation. At 35 he was successful, a homeowner, and never married. Eventually he fell in love and married a GF with 3 kids, she moved into his home and took care of the kids. He supported all five of them, no questions asked. She wasn't getting child support. A few years later she divorced him for "being controlling" mainly her being on a budget. The court ended up giving her 18 months of spousal support to tide her through until she could find employment. She married another guy 5 months later. I hope the OP returns and sets me straight.
LakesideDream Posted August 3, 2007 Posted August 3, 2007 I had a nagging feeling so I went to the post history and read all the OP's HopelessinSC posts. In other posts she says they have been married 14 years, covers both kids and works as a "transcriptionist". Good enough for me. I was wary for no reason. See your lawyer HopelessinSC, and put a stop to the financial foolishness. Your husband probably thinks he has figured out a way to lock you our of the family assets. It ain't that easy.
Gunny376 Posted August 3, 2007 Posted August 3, 2007 Good eye LSD ~ That one missed I missed. Getting bad to your friend, and not to steal the thread, but in a case such as your friend, had they been in Neveda (per case law I believe, but it may be legislative) a individual such as your friend, would have been on the hook for child support ~ even though he was only the step-parent and never even adopted the children. According to Neveda law, a step parent who has established a clear pattern of support, and when the actual parent cannot be found to establish child support, than the step parent is on the hook. But this is out West where such foolish carries on. In Callifornia, a man who was order to pay life-time alimony took his wife back, because after the divorce was final he found out that she had indeed being cheating on him ~ even though he could find no evidence of the OM. That's because the OM was her best friend. After the divorce, she moved in with her and took her last name. And, while CA doesn't recognize "same-sex" marriage, they do have a domestic union law (which is applicable to any and all, Man-wife combo, man-man combo, women-women combo) Its intent was to give certain "rights" to people not married. Many view it as in effect ~ the equivalent of same sex marriage. Anyway, the former husband, argued that this in fact a defacto marriage, and that he should no longer be on the hook for the $1400 a month alimmony. Thus far the lower courts have ruled that he's on the hook until she marries a man or dies!!!!!!! (Source Fox News) Here in the South, it is less likely that a woman would be granted anything other than temporary alimony ~ or re-hablitative animony. But when it comes to martial assets, if she can prove that she contributed in anyway to the martial home, and other martial assets than she can state a claim. This is can become a complicated legal matter and is beyond the scope of this fourmn, as everyone individual circumstance varies. Everything may be in his name but the courts aren't going to carte blanch throw her and the children out on the streets with just the clothes on their backs. Divorce judges in SC are elected ~ and the feminist would tar and feather the guy!
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