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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-12-2010, 08:03 AM
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Mark was having trouble getting a new thread started so I'm posting his questions here for him:

Quote:
Quick overview.


My girlfriends brother is going through a divorce, he has shares in a company, and his wife/ex wife is taking him to court to try to get some of the value of the shares. He received his shares prior to marriage, but was told by lawyers that he would have to split the growth in the shares with his wife. They have been married for 5 years and have a 6 year old son. The courts have granted him 50/50 with Joint custody.


His plan,


He is currently suffering from depression and keeps bring up the idea of cashing all his shares, selling all his belongings and going to the casino and blowing the money away, than declare bankruptcy. He doesn't care about losing all the money. He sees it as; its better to blow the money than split it with his wife. She has not earned a penny of it. During there marriage he has spent close to $200,000 paying for her education. She is currently a dentist and is on her way to earning more than him. His plan is to pretty much stand up infornt of the judge, turn his pockets inside out and tell them "take what you want, i got nothing"



I have been trying to convince him differently, but he seems stuck on the idea. I told him the courts will not look highly at his actions, and that this might effect his 50/50 Joint custody/access with his son. I told him i would look into the consequences of this action he is considering.


Here are my questions:
-could this jeopardize the child access/custody?
-how will he have to pay his wife, if he has not money?
-if he declares bankruptcy will he still owe his wife?
-is this a stupid idea (keep in mind he doesn't care about losing the money, Just keeping it away from her?
-what actions could the courts take against him?
-could they with hold his inheritance?


thanks for taking the time to read this. Any info would be great
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Old 11-12-2010, 09:04 AM
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If some of the money is lawfully hers, then he is knowingly gambling away her money. Yes there is going to be an issue with this. Family law usually doesn't treat fraud the same way a civil court or criminal court would, especially with children, ie they won't throw him in jail, but he will be responsible for the money.

It affects his children, he will be pennyless with 50/50 custody? She will attack the custody. Depression is not necessarily a reason to deny 50/50, but if he is out of control of his actions like this (sounds more like a bipolar manic episode to my layman's ears) she will say his not fit to parent.

He paid for her education ($200k seems pretty high!) is he in debt over it? He can claim undue hardship. She is going to earn more, he can seek spousal. With 50/50 if she is earning more as a dentist she will pay set-off child support anyway.

I'm sure I could think of more if I put my mind to it, but there is not a single positive thing here for him, he won't feel any better for it, he will be hurting his children and he will be threatening the rest of his case. Meanwhile he will have the chance to recover some of that money through support payments over the years. To screw it up like that is crazy.
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Old 11-12-2010, 09:09 AM
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I got the same PM about this, and I actually thought it was a hoax. He says that he can't post a new thread because he's a new member. That's not true.

He would be a damn fool to sqaunder away the money. Half of it is his, so he would be cutting off his nose to spite his face, to say nothing of the fact that there is a remedy for this; it's called reckless depletion of assets, and he could be held accountable for it by the court.

Blowing the money in and of itself will not prejudice his custody/access, but it will speak to his mental state, which could impact things.

There very well could be a significant SS entitlement for him. Need to know more details.
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Old 11-12-2010, 09:12 AM
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The new member posting thing seems to be a bit of an issue, I've gotten several PM's from new posters asking how to make a new thread but not really sure if it's a board issue or a user issue. Weird but....it seems to happen!
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Old 11-12-2010, 09:13 AM
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I got two of those two PM's and I'm not sure I believe them. I'm wondering if we're being had.

Didn't mama2bee make her first post in a new thread?

Edit:I just checked her user profile and yes, her first post was a new thread.

Last edited by dadtotheend; 11-12-2010 at 09:15 AM.
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Old 11-12-2010, 09:16 AM
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Most board software has an option to have a cooling off period for new accounts. Now that I think of it, there was a rash of spammers months ago and I wonder if LV turned it on?
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Old 11-12-2010, 09:26 AM
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I got some spam today in my PM box asking for money from someone in Norway. I reported it, but I think we've become a target...
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Old 11-12-2010, 09:26 AM
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Quote:
Originally Posted by dadtotheend View Post
I got two of those two PM's and I'm not sure I believe them. I'm wondering if we're being had.

Didn't mama2bee make her first post in a new thread?

Edit:I just checked her user profile and yes, her first post was a new thread.
Could be, but not sure what the benefit would be?

Ah well, I'm prepared to give the benefit of the doubt and am happy to help a newcomer looking for advice. Yay Friday!
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Old 11-12-2010, 11:28 AM
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Quote:
Originally Posted by billiechic View Post
I got some spam today in my PM box asking for money from someone in Norway. I reported it, but I think we've become a target...
user is banned. Thanks Jeff.

Now back to the regularly scheduled thread...
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Old 11-12-2010, 01:56 PM
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really? from the same poster?? you'd think people would realize they're on a DIVORCE board and not likely to find anyone with spare money kicking around, lol.
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