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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-27-2006, 01:11 PM
serrona serrona is offline
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Default Legal aid won't deal with property

As I have previously mentioned, my ex and I both have a legal aid lawyer. Ex is asking for spousal support, yet my legal aid lawyer says I am only approved to have representation for all issues other than division of property. This seems insane to me when my STBX literally has every single thing I have owned. House, car, furniture and appliances. ONe would think that how much I pay her in spousal support would have something to do with how many of the mutual assets she took when we separated....???


Is it possible that because I don't make much money, I won't be obligated to pay spousal support? I only make 29k per year. I pay child support based on the guidelines and the childs extra expenses. That leaves me with not even enough to live on. To add spousal support would devestate me! STBX is on welfare however. Still, I do not make enough to support her too! My parents pay her car insurance yet she did not claim this as income on her financial statement. How do I make her claim this amount?

Sorry for all the questions! I am so lost!
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Old 10-27-2006, 06:20 PM
logicalvelocity logicalvelocity is offline
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serrona,

as you mentioned,

Quote:
Is it possible that because I don't make much money, I won't be obligated to pay spousal support? I only make 29k per year. I pay child support based on the guidelines and the childs extra expenses. That leaves me with not even enough to live on. To add spousal support would devestate me! STBX is on welfare however. Still, I do not make enough to support her too! My parents pay her car insurance yet she did not claim this as income on her financial statement. How do I make her claim this amount?
I suspect that you will not be required to pay spousal support with first consideration to child support and section 7 extra expenses. There appears to be simply not enough income to go around to support two households. Be advised that one of the requirements to collect social assistance is to pursue income from all sources. For your ex to continue to receive her social assistance, she has to make a bona fide attempt to collect spousal support and it is considered reasonable to bring forth action by way of court.

In essence, the amount of money paid by your parents for car insurance should be claimed by her on her respective SWORN financial statement. Call it a benefit if you will. You could bring it up at a case conference. You must have generous parents in light of the action brought against you.


Quote:
This seems insane to me when my STBX literally has every single thing I have owned. House, car, furniture and appliances.
I suspect social services have put a some sort of lien on the home in the interim, to cover the assistance your ex receives as generally people that own property such as home, do not qualify for social assistance and legal aid.

There isn't much you can do but respond to the action. Be very diligent in your pleadings.

lv
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