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  #1  
Old 04-12-2007, 10:05 PM
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divorce questions


What is the name of your state? My sister lives in North Carolina.She has been married for about 9 years.Her husband told her he wants a divorce.He was laid off by his employer in November of last year and has not gotten another job.When she went to a divorce lawyer they told her she may have to pay him alimony because hes not empoyed.We think he was planning this and has not gotten a job on purpose so he could get alimony.Can he do this?She thinks he is having an affair and she hired a PI to track him,plus she found a lot of receipts for flowers and calls and text messages from his phone to hers,which she gave to pi and her lawyer.They are going to follow him and try to get pictures of him with this girl.He will not leave their house and her lawyer told her if she moves out she will forfeit house to him.Is this true?She has paid all the household bills for 3 years.He is spending a lot of money from their accounts (my sisters money) on this girl.What can she do ?Does she have to pay him alimony if doesn't get a job on purpose?Can she remove money from their accounts and cancel credit cards?Can she open new accounts in her name only?Could he get any of it?
please help!!!!

Last edited by cynxy; 04-12-2007 at 10:14 PM.
  #2  
Old 04-12-2007, 10:35 PM
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Join Date: Jul 2005
Location: Massachusetts
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Quote:
Originally Posted by cynxy View Post
What is the name of your state? My sister lives in North Carolina.She has been married for about 9 years.Her husband told her he wants a divorce.He was laid off by his employer in November of last year and has not gotten another job.When she went to a divorce lawyer they told her she may have to pay him alimony because hes not empoyed.We think he was planning this and has not gotten a job on purpose so he could get alimony.Can he do this?She thinks he is having an affair and she hired a PI to track him,plus she found a lot of receipts for flowers and calls and text messages from his phone to hers,which she gave to pi and her lawyer.They are going to follow him and try to get pictures of him with this girl.He will not leave their house and her lawyer told her if she moves out she will forfeit house to him.Is this true?She has paid all the household bills for 3 years.He is spending a lot of money from their accounts (my sisters money) on this girl.What can she do ?Does she have to pay him alimony if doesn't get a job on purpose?Can she remove money from their accounts and cancel credit cards?Can she open new accounts in her name only?Could he get any of it?
please help!!!!
I am just going to answer the question about the acct's....She shouldn't close the existing acct but she should open a NEW one in her name alone and have her pay deposited to that acct. There is no reason that she should end up paying the bill for HIS lovers flowers!

I am sure others will be able to help with the other questions you have!
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  #3  
Old 04-13-2007, 06:09 AM
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Quote:
Originally Posted by cynxy View Post
What is the name of your state? My sister lives in North Carolina.She has been married for about 9 years.Her husband told her he wants a divorce.He was laid off by his employer in November of last year and has not gotten another job.When she went to a divorce lawyer they told her she may have to pay him alimony because hes not empoyed.We think he was planning this and has not gotten a job on purpose so he could get alimony.Can he do this?

Of course he can do this. It's done by women every day.

She thinks he is having an affair and she hired a PI to track him,plus she found a lot of receipts for flowers and calls and text messages from his phone to hers,which she gave to pi and her lawyer.

If that PI comes up empty handed she might pay him alot more alimony.

They are going to follow him and try to get pictures of him with this girl.He will not leave their house and her lawyer told her if she moves out she will forfeit house to him.Is this true?She has paid all the household bills for 3 years.

So what??

He is spending a lot of money from their accounts (my sisters money)

Which is it? Their accounts or your sisters money?

on this girl.What can she do ?Does she have to pay him alimony if doesn't get a job on purpose?

See above.

Can she remove money from their accounts and cancel credit cards?Can she open new accounts in her name only?Could he get any of it?
please help!!!!
That money is marital property and the husband is entitled to half of it.
  #4  
Old 04-13-2007, 08:51 AM
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Join Date: May 2004
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Quote:
Originally Posted by cynxy View Post
What is the name of your state? My sister lives in North Carolina.She has been married for about 9 years.Her husband told her he wants a divorce.He was laid off by his employer in November of last year and has not gotten another job.When she went to a divorce lawyer they told her she may have to pay him alimony because hes not empoyed.We think he was planning this and has not gotten a job on purpose so he could get alimony.Can he do this?She thinks he is having an affair and she hired a PI to track him,plus she found a lot of receipts for flowers and calls and text messages from his phone to hers,which she gave to pi and her lawyer.They are going to follow him and try to get pictures of him with this girl.He will not leave their house and her lawyer told her if she moves out she will forfeit house to him.Is this true?She has paid all the household bills for 3 years.He is spending a lot of money from their accounts (my sisters money) on this girl.What can she do ?Does she have to pay him alimony if doesn't get a job on purpose?Can she remove money from their accounts and cancel credit cards?Can she open new accounts in her name only?Could he get any of it?
please help!!!!
If I were her I would certainly remove the money from the accounts so that he does not have access. I would also be cancelling any joint credit card accounts as well. I would also NOT leave the house.

If he has no access to money he will have no choice but to get a job.
  #5  
Old 04-13-2007, 09:06 AM
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Originally Posted by LdiJ View Post
If I were her I would certainly remove the money from the accounts so that he does not have access. I would also be cancelling any joint credit card accounts as well. I would also NOT leave the house.

If he has no access to money he will have no choice but to get a job.
I tried that with the ex-wife. It didn't work.

Also, the judge may be interested in hearing that he needed money from their joint account for medication and she had drained the account.
  #6  
Old 04-13-2007, 09:33 AM
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Quote:
Originally Posted by LdiJ View Post
If I were her I would certainly remove the money from the accounts so that he does not have access. I would also be cancelling any joint credit card accounts as well. I would also NOT leave the house.

If he has no access to money he will have no choice but to get a job.
And many judges would nail her for doing just that -- removing the money from the accounts so he does not have access. She can cancel joint CREDIT CARD accounts and she should not leave the house but to tell her to drain the joint account -- not a smart move.
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Last edited by Ohiogal; 04-13-2007 at 02:48 PM. Reason: adding the words CREDIT CARD
  #7  
Old 04-13-2007, 10:01 AM
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Join Date: Aug 2004
Location: Central Florida
Posts: 4,711
Quote:
Originally Posted by cynxy View Post
What is the name of your state? My sister lives in North Carolina.She has been married for about 9 years.Her husband told her he wants a divorce.He was laid off by his employer in November of last year and has not gotten another job.When she went to a divorce lawyer they told her she may have to pay him alimony because hes not empoyed.We think he was planning this and has not gotten a job on purpose so he could get alimony.Can he do this?She thinks he is having an affair and she hired a PI to track him,plus she found a lot of receipts for flowers and calls and text messages from his phone to hers,which she gave to pi and her lawyer.They are going to follow him and try to get pictures of him with this girl.He will not leave their house and her lawyer told her if she moves out she will forfeit house to him.Is this true?She has paid all the household bills for 3 years.He is spending a lot of money from their accounts (my sisters money) on this girl.What can she do ?Does she have to pay him alimony if doesn't get a job on purpose?Can she remove money from their accounts and cancel credit cards?Can she open new accounts in her name only?Could he get any of it?
please help!!!!
You said that your sister "paid all the household bills for 3 years"- did your sister pay these out of joint accounts or her own seperate account? Were both incomes being deposited into the accounts used to pay the bills?
IF she p[aid the bills from her own account, or if very little of husband's money was used to pay the bills, the court can look at that as a precedent that your sister was actually supporting her husband, and alimony is more likely to be ordered.
  #8  
Old 04-13-2007, 10:08 PM
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Quote:
Originally Posted by Ohiogal View Post
And many judges would nail her for doing just that -- removing the money from the accounts so he does not have access. She can cancel joint CREDIT CARD accounts and she should not leave the house but to tell her to drain the joint account -- not a smart move.
BS...as long as she accounts for the money in the process of the divorce, and doesn't hide anything or dissipate the money, its not a problem.

At a minimum she should stop depositing her paychecks into the joint account.
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