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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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  #1  
Old 11-27-2018, 03:34 PM
Didi Didi is offline
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My husband and I have been separated for 7 years. Together we have three children. At the time of the sale of our home, he ported our mortgage and bought a new home. I was not and still am unable to purchase a home. We share custody of the children and he pays no support even though he makes a considerable amount more than I do. I have decided to file for a divorce and child support. I am also planning on asking for a portion of his home as I suspect that he bought the home from hidden funds before our seperation. (the money $5,000 is all the the funds I would receive from the sale of our home which was sold seven year ago, funds are still in escrow) I will be self represented as I cannot afford a Lawyer and I would be happy to hear from anyone who give me any information for my case.

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Didi
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  #2  
Old 11-27-2018, 09:59 PM
Berner_Faith Berner_Faith is offline
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What proof do you have that he hid funds? Him porting the mortgage most likely meant he didnít need a large amount of available funds to gain the new mortgage. As long as you were discharged from the mat home mortgage and received your payout, which sounds like you will be, I donít see how you have claim to his house. If you have proof he didnít provide full financial disclosure he may owe you more in equalization, however that doesnít mean youíre entitled to any of his house, just that he has to pay what is owed. How come after 7 years your $5000 is still being held?

He absolutely should be paying CS and you may be entitled to back CS for the years he hasnít paid but be prepared to answer why it took 7 years for you to seek CS


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Old 11-28-2018, 09:44 AM
standing on the sidelines standing on the sidelines is offline
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a court deals with evidence, not suspicions.

get CS and access all worked out. I think you are barking up the wrong tree with asking for a part of his house. The house you guys had together was sold and you share is still being held for some reason.
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Old 11-29-2018, 03:43 PM
Didi Didi is offline
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About his home, If I am not entitled to anything, that's not a problem. I do know a lot of underhanded stuff went down on his part. He took a large sum of money from our then line of credit and it was all paid back out of the sale of the home, All of $5000 was left to split between us. Plus, he refused to give me a divorce. So far the mortgage was not discharged. As for CS, we shared equal time with the Children up until he started to abuse them and they don't want to be around him. Recently my son had a panic attack just because he had to go to his father. We ended up in emergency that night. Frankly, I do not need to be tied to this man any longer and decided to sue him for a divorce and CS.
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Old 11-29-2018, 03:59 PM
Didi Didi is offline
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The funds are held up because I would not agree to certain stipulations he put in an agreement that I would not sign.
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Old 11-29-2018, 04:29 PM
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Quote:
Originally Posted by Didi View Post
Recently my son had a panic attack just because he had to go to his father.
How did you respond in this situation? Did your son end up going to his father?

Quote:
Frankly, I do not need to be tied to this man any longer
When you are divorced, you will still be tied to him. You have a kid, you will be tied to him for as long as you both shall live...

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The funds are held up because I would not agree to certain stipulations he put in an agreement that I would not sign.
Have you sent an offer back that mirrors the original agreement but without the stipulations that are objectionable?
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Old 11-29-2018, 11:59 PM
Didi Didi is offline
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No! His father told him not to come back and he did not go back.

When I said I don't want to be tied to him any longer, I meant married to him.

Yes! an offer was sent back and he refused it.
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Old 12-02-2018, 01:07 AM
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I believe you have to deal with child custody and support SEPARATELY from equalization (assets such as property, pension, bank accounts, vehicles etc.).

You will be "on the hook" so-to-speak why you never sought child support from the date of separation. I think child support only typically goes back 3 years and that is with a really valid reason why you never sought it before. If you get a half-decent FAMILY lawyer, legal precedent will be explained to you (your likelihood of winning a case should you challenge your ex's position of not paying retroactive CS).
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Old 12-07-2018, 01:58 AM
tunnelight tunnelight is offline
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CS will only go back to date of application.

What evidence of this alleged child abuse do you have? Was CAS involved?
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Old 12-07-2018, 05:34 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
CS will only go back to date of application.
That is not a rule. That happens - sometimes - but there are many cases where retroactive claims succeed.

DBS is the authority to review.
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