need your thoughts before I see lawyer!

[girltrax101]

Alright, so I felt strong (enough to hold a conversation without crying), keep in mind that this wasn't my decision, nor do I want to leave. I felt I wanted the financial cards on the table to see where his head was at. After me quittting my job 5yrs ago to come live with him and work within his farming business. After me leaving my family and friends behind for him. (No pity party required, I'm smart enough to know it was my choice) After me selling my car as it wasn't needed. After me living here for 5yrs, working within his business at $1000.00/month salary. After me, doing all the bookkeeping, migrant worker program, food safety audits stuff, basically "the books" in our business as well as the growing/packing end. After all my furniture/appliances and such were given to our migrant workers. After I did all the household chores (which I did actually love doing). After me, raising his 3 children and my 1 child....
I'm faced with ....You need to leave as 2/3 kids (teens) don't like you anymore and won't come back for their scheduled 2 weeks/month with us unless I'm gone.
So...I must leave in search of a home, vehicle, job and means to support my daughter and I...this much I've accepted.
So, I went out to the barn yesterday and said, "what's your ballpark number to make sure my daughter and I are ok"....he said $5000.00 plus I he'll sign over the company truck (2003 Avalanche, 127k's, needs work.
I said, "ok, I'll give that number a thought".....I stayed awake all last night....thinking.
I don't think it's fair, but I don't want to be greedy either. I wanted to do this without lawyers. I basically wanted to say "well, I could get this, but I'll settle for this"....I just don't know what "this is what I could go for amount is"....I'll give you some numbers, if there's anyone out there who has an idea of what is fair, reply!
Home: 200,000.00...has NO mortgage
Vehicles: 2003 Avalanche, 2008 Avalanche, shipping truck...ALL PAID FOR
Credit Cards: $ZERO balance on all (limits as high as $40,000) as of today's current date
Personal line of credit: ZERO balance as of Jan (can't find statement beyond thus far yet)
Investments: $28,000.00
Business: $400,000 mortgage between him and his mother left.
He's a Farmer, and farmers can hide money very well. I never questioned why his T-4 was only $4500.00 each year..."Don't worry, it's a farming thing"....well I'm beginning to worry now!
Everything is in his name.
This is what I want.....
1. A reliable used car. (my brother's a salesman and he said with the truck trade in and buying a used Demo...he thinks he could find me something for $3500.00
2. My "wage" for the rest of the year (my "leave" date is July 1st) so we're talking my wage from June-Dec= $6000.00 (my rent while I look for a job)
3. $5000.00 cash for furnishings/appliances/car insurance/utility hook-ups and such....everything will be bought used.
Basically $15,000.

He won't lose the business, his home, his kids college funds, vehicles and such. BUT, I am losing (besides the love of my life)... security. I am being asked to leave. I do have a rental property lined up, and he DID give me first and last months rent as he says he feels guilty...$2000.00. So, on the brightside, I do have a place, rented without actually viewing it except online as I'm returning back to my roots and would unrealistic to go view a home far away. However, that's great...but...how am I going to pay for it...his response was "I'll give you a good reccomendation, you're smart". I know I'll find a job, I've never not had a job since I was 9. That's not the point though...I move in, and start applying..but what if I can't find anything right away? One can "hope for the best"...but "one also has to be wise"

So give me an insight to what "you" would do in my shoes. And, I won't be offended if you say "what you're asking is too much" but I just need reason's why as my brain's been a bit clouded by all the "love lost" stuff.
Thanks!

That's all I'd need to "begin again"...HOWEVER, is "all I need" ok to ask for...looking for truth here...am I being naive, is this too muich to ask for?

[WorkingDAD]

I am not good in all thous money related stuff... But what I noticed that there is no one word about your daughter. What about her? Any negotiations about custody/access? CS?

did you move out already? (you should not before you settle)

I'm faced with ....You need to leave as 2/3 kids (teens) don't like you anymore and won't come back for their scheduled 2 weeks/month with us unless I'm gone.

I am really really doubt that it's real reason. First of all kids can not say NO. Second allow kids bend parents is big no no in my point of view and work only in Canada ) But seriously from my point of view if man love woman he will try to keep both. It's not a choice what I would like to make and hope will never do.
I am just saying ...

[HammerDad]

You seriously need a lawyer.

The house, you probably won't have any entitlement to. You may be entitled a portion of equity for the duration you lived there, but if the house forms part of the farming property, then it is part of the business and that is a totally different can of worms.

You are looking for $1000 a month spousal support for 6 months. You can call it "wages" all you want, it is spousal. Now, it may work out better for him for tax reasons to be wages, but that is something he would have to figure out with his accountant.

He's already said he'd give you $5k, so that matches your request.

From there, your issue is a car which you probably don't have any entitlement to. Anyway, first, no such things a 2003 Avalanche. They came out in 2004, and right now looking at autotrader 04 Avalanches with 100k-125k km are going for $10K to $13k. So you could easily take that and trade it in. Even if it needs work you should still be able to get $7500-$8000 on a trade in, pick up a brand new Hyundai Accent with a payment of like $175 a month for 3-4 years. Otherwise the truck is owned by the company, and, unless he is willing to give it to you (like he is) you probably don't have much entitlement to it.

[NBDad]

After me quittting my job 5yrs ago to come live with him and work within his farming business.

You have a decent argument for SOME sort of support from him. You gave up your job and moved in with him and helped him with his business....

After all my furniture/appliances and such were given to our migrant workers.

IMO he should help with the replacement costs of these due to the above factors. (moving + giving away your items to his workers)

So to recap he's given you 2000 and is willing to give you an additonal 5000? Or is that 5000 including the 2000 he's already put down?

What would be the approx. cost of repairing the 2003 avalanche to get it to a useable state? (Take it to a mechanic)

So essentially he's offering 7000 + the vehicle, and you want 15000 not including the vehicle.

The difference isn't that far off when you look at the approx. value of the vehicle....

You can check the BlackBook value (which is what dealerships use to determine trade in value...)

HERE

Ballpark figures are 5000-7500. If he has the vehicle repaired/inspected prior to signing it over to you, I'd say 2000 he's already given you, +5000 for replacement items, + the vehicle (repaired/inspected to good working order) is pretty much what you've indicated you want.

With those caveats, I think the offer is fair.

[karmaseeker]

I think 5,000 is LAUGHABLE.

Talk to your lawyer. Get them to clearly point out everything you are entitled to and take less than that to show you are acting in good faith.

"Honey bunches of no kahunas, I am entitled to x, y, and z but because I don't want to leave you in anyway feeling taken I am willing to accept y and z only. Can you make that into a bank draft for me?"


{Sorry if a bit snippy - feeling a tad irritated today.}

[NBDad]

Anyway, first, no such things a 2003 Avalanche

Black Book says you are wrong.

Quick google search say the first year for the Chevy Avalanche was 2002.

Ballpark estimate on value for a working, inspected 2003 with 127,000km is 5000-7500 depending on any "extras" that it has.

[NBDad]

See a lawyer, but I wouldn't push too hard on this. The house and ALL the assets are likely tied into the BUSINESS, which you've indicated his mother owns a share of the mortgage for that.

You have no entitlement to ANY assets he had when you moved in. Investments, house, etc. You have an argument for a share of any increase in value during the duration of your relationship.

I agree that 5000 isn't enough, but if it's 5000+the 2000 plus the vehicle signed over repaired/inspected....the total value of his offer is in the 12000 - 15000 range...which is bang on what you have indicated you want.

[HammerDad]

Originally Posted by NBDad

Black Book says you are wrong.

Quick google search say the first year for the Chevy Avalanche was 2002.

Ballpark estimate on value for a working, inspected 2003 with 127,000km is 5000-7500 depending on any "extras" that it has.

When I did my searches it came up as silverado. My bad.

[girltrax101]

Okay...thank you all.

This is what I'll take to him:

1. 2003 (just checked the green slip ownership in that truck) Avalanche and the cost to get it "reliable".

2. $6000.00 for July-Dec wages (or spousal support)

3. $5000.00 cash less $2000.00 just given to me for rental home.=$3000.00

I think that's fair considaring everything that's been slammed into my head from irrate family members....which is why I chose this forum.

....I just want this solved before I'm forced from this home.
I'm naive aren't I....

[Mess]

Setting aside legal issues, if it were me and I loved you and I was caught between a rock and a hard place with my kids' attitudes, the first thing I would suggest was family counselling for all involved. The second thing I would suggest if that failed would be that we remained a couple but I would set you up in a residence nearby so the kids' attitude ceases to be an issue but we could still have a relationship. Stepping back a bit until they were old enough to leave home. Presuming you were willing of course.

Kicking you to the curb isn't something I do to someone I care about. The kids' attitude toward you is BS, this is about his feelings, or lack of feelings.

Meanwhile minimum wage is $10/hr, over $20k per year for full time work. For the type of bookeeping/admin work you were providing this was worth much more than minimum wage. You should seek compensation for the years you worked for the business, you have VERY STRONG argument for a constructive trust for the business and all assets including the house. For 5 years during which you received $25k as payment for full time skilled work, I would say that his business owes you about $125,000. I'm calling it $30k per year salary for a total of $150k, less what he paid.

Because he can fudge is net yearly income it's pointless to seek Spousal Support, you should seek compensation for unpaid work, there is plenty of case law to back this up.