Called as Witness

[Notmarried4sure]

What is the name of your state (only U.S. law)? Florida
My partner whom I live (we are not maried) with is fighting alimony increase again after paying for 26 years. This is his 6th time. She is claiming hardship as she pruchased a $450K house with a $366K mortgage and of course she lost the house after a few years. She also decided to retire 4 years ago at 62 and collect on his SS. Her new lawyer has been at it for a year requesting all his bank statements, copies of checks, investments, retirement and tax returns etc for the past 5 years. The court date will be in a few weeks. I have been served to be a witness. We keep all our finances separate..banks, taxes, expenses, insurances etc. Both of our names are on the house we live in (to get the mortgage) and a house I bought about 7 years ago as an investment. I paid for it and take care of all expenses related to it. I needed him to be on it so I could get the mortgage. That is it. I also pay his mortgage payment to the house we live in as after paying alimony he cannot pay it on a monthly basis. He pays me back when he gets his tax return and his overtime in the summer (he is a professor). My question: what do they have the right to ask me on the witness stand and when can I say "it is not relevant" to not upset the judge. I have other investment property that is only in my name that has nothing to do with my partner as well as a substancial retirement account. Can they ask me of our personal relationship, my personal property ownership, my retirement account etc? I have worked very hard since my divorce (11 years) to keep things separate and to stand on my own.I have a very good FT position. He is representing himself and does well. Do I need to consult a lawyer?

 

[FlyingRon]

I don't think so. I presume you are being called by his ex? Certainly HE should be the one concerned about a lawyer (despite how well he does pro se).
Understand his share of your assets held together are fair game for his wife to claim as his regardless of whether you consider his name being on them an arrangement of convenience to get credit. They're not going to be able to grab them, but they certainly can consider ALL his assets in determining how to fix alimony.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida
My partner whom I live (we are not maried) with is fighting alimony increase again after paying for 26 years. This is his 6th time. She is claiming hardship as she pruchased a $450K house with a $366K mortgage and of course she lost the house after a few years. She also decided to retire 4 years ago at 62 and collect on his SS. Her new lawyer has been at it for a year requesting all his bank statements, copies of checks, investments, retirement and tax returns etc for the past 5 years. The court date will be in a few weeks. I have been served to be a witness. We keep all our finances separate..banks, taxes, expenses, insurances etc. Both of our names are on the house we live in (to get the mortgage) and a house I bought about 7 years ago as an investment. I paid for it and take care of all expenses related to it. I needed him to be on it so I could get the mortgage. That is it. I also pay his mortgage payment to the house we live in as after paying alimony he cannot pay it on a monthly basis. He pays me back when he gets his tax return and his overtime in the summer (he is a professor). My question: what do they have the right to ask me on the witness stand and when can I say "it is not relevant" to not upset the judge. I have other investment property that is only in my name that has nothing to do with my partner as well as a substancial retirement account. Can they ask me of our personal relationship, my personal property ownership, my retirement account etc? I have worked very hard since my divorce (11 years) to keep things separate and to stand on my own.I have a very good FT position. He is representing himself and does well. Do I need to consult a lawyer?

You can't refuse to say anything. If he has an issue, he can object on the basis of relevance. But he better understand what is and is not relevant. And you don't stand on your own based on what you have stated. He is subsidizing you. He is on two homes with you and those come in to play for alimony.

 

[LdiJ]

You can't refuse to say anything. If he has an issue, he can object on the basis of relevance. But he better understand what is and is not relevant. And you don't stand on your own based on what you have stated. He is subsidizing you. He is on two homes with you and those come in to play for alimony.

It sounds more to me like he is subsidizing her for credit, but she is subsidizing him for actual daily expenses.

 

[FlyingRon]

It sounds more to me like he is subsidizing her for credit, but she is subsidizing him for actual daily expenses.

It really doesn't matter who is subsidizing whom. The fact that he has assets (legally, on paper), these can be considered in alimony determinations by FLORIDA law.

 

[LdiJ]

It really doesn't matter who is subsidizing whom. The fact that he has assets (legally, on paper), these can be considered in alimony determinations by FLORIDA law.

All I was commenting on is the subsidizing. I was not commenting on the alimony.

 

[latigo]

To quote a wise adage: "Your friend has fool for a client"!

As subpoenaed there is no legal way to avoid appearing at the trial. You of course know that.

But what you don't seem to realize is that is your layman "friend" sitting in that court room wearing two hats is not going to have the wherewithal to understand the rules of evidence and make timely and proper objections to any impertinent, irrelevant questions asked of you? And you certainly cannot impose objections whether they are upsetting to the judge or not. Nor could some lawyer you hired to sit in the courtroom be heard to object.

If you want to do yourself and friend some good, see that he hires an experienced Florida trial lawyer and one knowledgeable of Florida alimony law. It is likely that the ex's stacking of motions could have been squelched long before it ever reached this stage.

You seem to be a person of some substance, so try using a some of the common sense that got you there. Nothing useful is going to pop up on your laptop!

.

 

[Bali Hai]

Another man gets screwed by stupid Florida law. 26 years on a free ride and the greedy ex won't stop until the LAW has allowed her to put him into an early grave.

 

[latigo]

Another man gets screwed by stupid Florida law. 26 years on a free ride and the greedy ex won't stop until the LAW has allowed her to put him into an early grave.

I'll lay odds that you've never read a word of Florida's "stupid" statutes that govern the awarding, denial, conditions, modification, reduction, increase and termination of alimony. And that they are just as "stupid" as they are in your state.

 

[Bali Hai]

I'll lay odds that you've never read a word of Florida's "stupid" statutes that govern the awarding, denial, conditions, modification, reduction, increase and termination of alimony. And that they are just as "stupid" as they are in your state.

You're right about that on both counts. However, I have read plenty about how there is close to a revolution about the unfairness of the stupid laws regarding alimony in Florida and legislation proposed to change them is vetoed by the governor. Apparently the governor views ex-wives as helpless people that can't be responsible for their own financial future as the ex-wife appears to be in this thread. By veto the governor is enabling that behavior.

 

[LdiJ]

I'll lay odds that you've never read a word of Florida's "stupid" statutes that govern the awarding, denial, conditions, modification, reduction, increase and termination of alimony. And that they are just as "stupid" as they are in your state.

psst....

Bali is very very very bitter about paying alimony.

 

[Bali Hai]

psst....

Bali is very very very bitter about paying alimony.

Show me someone who is very very very happy about paying alimony and I'll show you someone who has more money than brains.

 

[Just Blue]

Show me someone who is very very very happy about paying alimony and I'll show you someone who has more money than brains.

You have been piss n' moaning about this for a decade. Get over it. Stop allowing YOUR PERSONAL anger to color your advice to others.