Advice on assets

[amarita77]

What is the name of your state? OH

My husband and I have been married over 8 yrs and have 3 children. We have been having problems for awhile. He was off work due to a work injury for 1.5 yrs. This fall, he settled with compensation. Without my knowledge, he took 50% of the money that was left after paying debt and bought 5 acres of land. He had the land put in his mother's name. He was in the process of spending the other 50% on building a barn to move us into (literally a barn). I accidentally found out about this last week. We already live in our own home that is twice as big as this barn. For many reasons, the land and barn are not a logical thing for a family to do.

I work full-time. All of my pay goes to paying our mortgage and living expenses. There is no money left over. He has not found a job yet.

He says that the settlement is 100% his because he was the one who was injured. So he can do what he wants with the money. He says he put the land in his mother's name to avoid the chance that his ex-wives could get ahold of it and raise his child support (he is not behind on child support).

I need to know if I have any right to the money. I'm not trying to be greedy or anything. I'm just trying to protect my children from losing their home and ending up in an unlivable barn! Can anyone give me advice?

[VeronicaLodge]

how is he not behind on child support if he doesnt have a job?

[amarita77]

He was receiving worker's comp benefits while he was off work. He paid child support out of that. It wasn't directly taken out. He just had to send it in himself.

[LdiJ]

Originally Posted by amarita77

What is the name of your state? OH

My husband and I have been married over 8 yrs and have 3 children. We have been having problems for awhile. He was off work due to a work injury for 1.5 yrs. This fall, he settled with compensation. Without my knowledge, he took 50% of the money that was left after paying debt and bought 5 acres of land. He had the land put in his mother's name. He was in the process of spending the other 50% on building a barn to move us into (literally a barn). I accidentally found out about this last week. We already live in our own home that is twice as big as this barn. For many reasons, the land and barn are not a logical thing for a family to do.

I work full-time. All of my pay goes to paying our mortgage and living expenses. There is no money left over. He has not found a job yet.

He says that the settlement is 100% his because he was the one who was injured. So he can do what he wants with the money. He says he put the land in his mother's name to avoid the chance that his ex-wives could get ahold of it and raise his child support (he is not behind on child support).

I need to know if I have any right to the money. I'm not trying to be greedy or anything. I'm just trying to protect my children from losing their home and ending up in an unlivable barn! Can anyone give me advice?

You don't have any right to the money. He is correct on that. It is morally repugnant that he isn't using any of the money to assist with family expenses, and just plain dumb that he has the idea of moving you all into a barn, but he could be trying to set himself up in case of a possible divorce.

Are any of your bills in his name only? I don't mean things like utilities or insurance, but is there a car payment in his name only?, or credit cards in his name only? If so, and you are paying them, then perhaps you should refuse to do so, so that he has to at least take responsibility for those....while he still has some money left.

Also, if divorce does loom on the horizon, then bear in mind that since he has other child support orders, and particularly since he is not working right now, your odds of collecting much child support from him are VERY slim. So you better be prepared to support your children yourself.

[amarita77]

Luckily, he did pay off the credit card bills. We also don't have any car payments or anything else like that. We just have our mortgage and regular utilities, etc.

Can the settlement be counted towards child support if we divorce? I guess what I'm saying is that there would be proof that he got this big settlement and hurried up and spent it all so he wouldn't have to pay child support. Does that count for anything as far as a judge is concerned?

[LdiJ]

Originally Posted by amarita77

Luckily, he did pay off the credit card bills. We also don't have any car payments or anything else like that. We just have our mortgage and regular utilities, etc.

Can the settlement be counted towards child support if we divorce? I guess what I'm saying is that there would be proof that he got this big settlement and hurried up and spent it all so he wouldn't have to pay child support. Does that count for anything as far as a judge is concerned?

A judge might take that into consideration in imputing an income to him, even though he isn't working....but that won't help you actually collect anything from him. No matter what the judge orders him to pay, you still have to be able to actually collect.

I have a feeling that he may intend to stop paying the other mothers as well, as soon as he has set himself up with some cheap housing, that will be in his mother's name so that no liens can be placed against it. That makes me concerned for your current house.

[Bali Hai]

Originally Posted by LdiJ

A judge might take that into consideration in imputing an income to him, even though he isn't working....but that won't help you actually collect anything from him. No matter what the judge orders him to pay, you still have to be able to actually collect.

I have a feeling that he may intend to stop paying the other mothers as well, as soon as he has set himself up with some cheap housing, that will be in his mother's name so that no liens can be placed against it. That makes me concerned for your current house.

I'm sure he intends to sell that house when he moves the family into the barn.

[amarita77]

The house is in both our names. Before he got the settlement, we had talked about buying the land and putting a modular home on it. We even picked one out. What we had agreed on was getting our house sold and then putting the modular on it. For some reason, he panicked or whatever when he got the money - or even was already planning this - and intended to do all these things before selling the house.

There is no way that, without a court order, I am leaving our home.

[Bali Hai]

Originally Posted by amarita77

The house is in both our names. Before he got the settlement, we had talked about buying the land and putting a modular home on it. We even picked one out. What we had agreed on was getting our house sold and then putting the modular on it. For some reason, he panicked or whatever when he got the money - or even was already planning this - and intended to do all these things before selling the house.

There is no way that, without a court order, I am leaving our home.

Fine. The refinance your house into your name only and give him his equity so he can start work on the barn.

[Ohiogal]

You don't have any right to the money. He is correct on that.

You CANNOT state that. You do not KNOW that. If the settlement was for lost wages -- she is entitled to a portion of it. You have no clue what the settlement consisted of so please do not make such blanket statements. In the state of Ohio, wages are marital income. A settlement for lost wages is marital income.

It is morally repugnant that he isn't using any of the money to assist with family expenses, and just plain dumb that he has the idea of moving you all into a barn, but he could be trying to set himself up in case of a possible divorce.

And that doesn't matter. Because any gifts of more than $100 within a year of a divorce filing are suspect.

Are any of your bills in his name only? I don't mean things like utilities or insurance, but is there a car payment in his name only?, or credit cards in his name only? If so, and you are paying them, then perhaps you should refuse to do so, so that he has to at least take responsibility for those....while he still has some money left.

Also, if divorce does loom on the horizon, then bear in mind that since he has other child support orders, and particularly since he is not working right now, your odds of collecting much child support from him are VERY slim. So you better be prepared to support your children yourself.

I can agree with this.

[tuffbrk]

Also - if the settlement included any losses of conjugal (sp?) rights that would also be due her, I'd think...

[amarita77]

Okay. So we are going to a counselor and trying to work things out. He has agreed to not build anything on the land at this point. I do want this marriage to work out; however, I want to make sure I'm protected if it doesn't. Besides getting him to put the land in both of our names, how can I protect myself and children financially? All I would want is to be able to keep my home and be able to take care of my children. Any advice would be greatly appreciated.