Can a divorce judge award 50% of future earnings (money that has not even been earned

[jared77h]

What is the name of your state (only U.S. law)? Texas
I'm in Texas (not too far from houston). I am in the middle of a divorce, I am pro se but my spouse has an attorney. We have exchanged discovery but they continue to ask for more stuff and more discovery. I am not going to provide any more stuff (documents of all sorts and I have provided many documents already) – my spouse is emotional and bitter and has money to burn and the attorney is just trying to prolong it to get as much money as possible. The things that they are asking for I am willing to go 50/50 but they think I am not willing to give her 50/50 but actually that's cool because I know that is the law. However, there is one thing I do not agree with and that is the issue of future earnings. They are asking for 50% of all my future earnings as well so my question is: Does the law allow this? Since I am not providing any more stuff I know a default judgment against me is on the horizon which will give the spouse all they are asking for. Will the judge award 50% of future earnings in a default judgment? This is money that I have not earned and I don't even expect. I have an invention in my head (no one knows but me) that will be very lucrative once I put it together and get a patent for it and if is successful I don't want to give her 50% of it if we are no longer married because if it is not successful I know she doesn't absorb my losses. Also, how can I speed this process up without me providing any more stuff. Since I know a default judgment is on the horizon can I just file a motion for a pre-trial hearing to speed the process up? Also, if the judge award an unfair default judgment because I did not give any more stuff, can I appeal the decision based on the fact that the court was not equitable if the law does allow this foolishness? Would I then have to give more stuff? I know I asked several questions but my main question here is can a divorce judge award 50% of future earnings (money that has not even been earned)? Question clarification: I am not asking can a judge award 50% of current earnings that will continue to earn beyond the divorce - I know that is possible. My question is can 50% be awarded for something or earnings that has not even been created or thought of yet? I'm in Texas (not too far from Houston).

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
I'm in Texas (not too far from houston). I am in the middle of a divorce, I am pro se but my spouse has an attorney. We have exchanged discovery but they continue to ask for more stuff and more discovery. I am not going to provide any more stuff (documents of all sorts and I have provided many documents already) – my spouse is emotional and bitter and has money to burn and the attorney is just trying to prolong it to get as much money as possible. The things that they are asking for I am willing to go 50/50 but they think I am not willing to give her 50/50 but actually that's cool because I know that is the law. However, there is one thing I do not agree with and that is the issue of future earnings. They are asking for 50% of all my future earnings as well so my question is: Does the law allow this? Since I am not providing any more stuff I know a default judgment against me is on the horizon which will give the spouse all they are asking for. Will the judge award 50% of future earnings in a default judgment? This is money that I have not earned and I don't even expect. I have an invention in my head (no one knows but me) that will be very lucrative once I put it together and get a patent for it and if is successful I don't want to give her 50% of it if we are no longer married because if it is not successful I know she doesn't absorb my losses. Also, how can I speed this process up without me providing any more stuff. Since I know a default judgment is on the horizon can I just file a motion for a pre-trial hearing to speed the process up? Also, if the judge award an unfair default judgment because I did not give any more stuff, can I appeal the decision based on the fact that the court was not equitable if the law does allow this foolishness? Would I then have to give more stuff? I know I asked several questions but my main question here is can a divorce judge award 50% of future earnings (money that has not even been earned)? Question clarification: I am not asking can a judge award 50% of current earnings that will continue to earn beyond the divorce - I know that is possible. My question is can 50% be awarded for something or earnings that has not even been created or thought of yet? I'm in Texas (not too far from Houston).

A judge can award 50% of the future earnings on an existing asset, or an existing business.

However I do not see a judge ordering that on an asset that does not yet exist, unless the asset was well into development at the time.

You would need to be more specific to get a more specific answer. However, I suspect that you need an attorney, because it sounds to me like you are cutting off your own nose to spite your own face by refusing to reply to discovery.

 

[jared77h]

50% of future earnings

I can not afford an attorney, that is the whole point. I am financially drained but I have something good for the future in my head and only in my head. I have not told anyone or started on it. I can give them more stuff under discovery but it will lead to them asking for more stuff. How long can they ask for more stuff? This has been going on for over a year. I simply want to say to the judge I don't have any more stuff and see what happens, hence me saying a default judgment against me is on the horizon. With this default can a judge rule on something that is not fair such as ordering 50% of future earnings of an asset (product, creative idea, patent, invention) that does not yet exist?

Spouse is asking for future earnings (not from existing assets but from future assets)? Is this legal in Texas? I could care less about current and past but will I be bound to this person forever like this even after the divorce is final? If so, then why do people get divorces??

 

[CJane]

Are there children of the marriage?

What "stuff" are they asking for? Is this only discovery, or have you already refused to provide the information (and objected properly to it) and now a judge has ordered you to comply?

 

[nextwife]

I would advise strongly to fight against STBX getting 50% of all future earnings. That's ridiculous. They go to school, for example, and then earn their income PLUS get half of yours? And what about any FUTURE spouse? They are supposed to be legally entitled to half of the marital income (after child support, which does eventually end).

How long was the marriage? Why are they asserting you should owe her forever? While spousal support may or may not be warranted, 50% forever is ridiculous. Is the STBX able bodied?

 

[mistoffolees]

I would advise strongly to fight against STBX getting 50% of all future earnings. That's ridiculous. They go to school, for example, and then earn their income PLUS get half of yours? And what about any FUTURE spouse? They are supposed to be legally entitled to half of the marital income (after child support, which does eventually end).

How long was the marriage? Why are they asserting you should owe her forever? While spousal support may or may not be warranted, 50% forevr is ridiculous. Is the STBX able bodied?

I agree completely.

It's really dangerous when one spouse goes into a divorce without an attorney against the other who has one.

Which is more expensive- paying an attorney today or potentially paying 1/2 of your income for the rest of your life?

Admittedly, it's not likely to happen, but if OP messes it up, it's within the realm of possibility - particularly if he gets on the judge's wrong side by not complying with discovery.

There are legal ways to cut down on the amount of discovery (for example, by stating that a given item is not relevant to divorce issues), but simply not responding is unlikely to yield positive results. In fact, take the extreme case. Let's say that stbx asks for information about your accounts. You refuse to provide information about an account that has marital property (perhaps even only 10% of it should be marital). When ex finds out about it later, they can go to court and it would not be terribly unusual for the judge to award 100% of the account to ex - due to your hiding of assets. And your chances of overturning that decision are nearly zero. You don't want to mess with discovery.

While I would fight like crazy to avoid any division of potential future earnings (legitimate alimony, if the circumstances warrant, is a different matter and should be paid), I would encourage OP to be realistic about his 'invention'. I have done a good bit of work with intellectual property and have some experience with patents. Of the millions of patents awarded, only a very tiny fraction EVER have any commercial value. And there are probably 100 "great ideas" for every patent ever awarded. It is probably unrealistic for ANYONE to say "I have a great idea and it's worth a fortune".

However, let's say that the idea IS commercially viable and can be developed. Doing so is not automatic. One has to invest a great deal of time and money in developing an invention, so it wouldn't be fair for OP to do all the work after divorce and for ex to still get 1/2 of the invention. Even if the invention is simply sold to a third party, there's still a good bit of work that would need to be done.

That said, patent laws are somewhat in flux right now, but the general principle is that the invention occurs when the idea is conceived and reduced to practice. 'Reduced to practice' is often misinterpreted - even by the courts - and I've seen cases where simply doing a thought exercise was sufficient to have reduced an invention to practice. So, after an extended court fight and immense expense on both sides, it is possible that stbx would prevail and WOULD be found to have marital interest in the invention under the circumstances outlined above. It might be prudent to disclose the invention and offer a smaller percentage of profits, based on the fact that OP will still need to invest a lot of time and money to make it a success. That could avoid a huge legal battle down the road (since stbx could argue, possibly successfully, that OP committed fraud by not disclosing assets - the invention).

In short, OP really needs an attorney and needs to comply with discovery as much as possible - and when there's a good reason not to comply, needs to do so for legitimate reasons. "I don't want to give her any more information" is going to do nothing but irritate the judge.

 

[jared77h]

I am an inventor and I made a little money of my inventions and will make $0 to about $10k per year off my inventions for the rest of my life and I know she is entitled to 50% of that forever. But she knows I am an inventive person so her attorney (I have fallen on financial hard times and I don't have an attorney) is asking for 50% of future invention that I may come up with. If this is not the law then I am not concerned about give her 50% of past or current inventions that was created during the marriage. I never made any real big money but she has told her attorney that I have made millions just to make my life miserable so I am going repeatedly back to court (15 times the past year) because her attorney suspects I have money. I have given them tax returns, my current job pay stubs, but they still want more info related to how I created my inventions, where I got money for when I did and what vendors, this is what I call "stuff" and it can go on forever seems like and I'm not giving them any more stuff so the Judge is more than likely going to do a default judgment against me. In this default judgment can the judge award something like 50% of future earnings from an invention that I have not even conceived? She has money to burn because her family is rich, I am truly financially drained. After I pay my child support I may have $500 left a month to live off of for the entire month. My spirit is not broken and I know I will do something great soon and I just want the divorce over. yes, she is able bodied and has a good job and wealthy family. Yes, there are kids that I pay child support for. I have no issues with nothing but the future earnings issue. Can they legally do this? I know you can ask the judge whatever but can the judge legally (is it Texas law) award 50% of future assets or earnings that have not been conceived or earned yet?

 

[jared77h]

I agree completely.

It's really dangerous when one spouse goes into a divorce without an attorney against the other who has one.

Which is more expensive- paying an attorney today or potentially paying 1/2 of your income for the rest of your life?

Admittedly, it's not likely to happen, but if OP messes it up, it's within the realm of possibility - particularly if he gets on the judge's wrong side by not complying with discovery.

There are legal ways to cut down on the amount of discovery (for example, by stating that a given item is not relevant to divorce issues), but simply not responding is unlikely to yield positive results. In fact, take the extreme case. Let's say that stbx asks for information about your accounts. You refuse to provide information about an account that has marital property (perhaps even only 10% of it should be marital). When ex finds out about it later, they can go to court and it would not be terribly unusual for the judge to award 100% of the account to ex - due to your hiding of assets. And your chances of overturning that decision are nearly zero. You don't want to mess with discovery.

While I would fight like crazy to avoid any division of potential future earnings (legitimate alimony, if the circumstances warrant, is a different matter and should be paid), I would encourage OP to be realistic about his 'invention'. I have done a good bit of work with intellectual property and have some experience with patents. Of the millions of patents awarded, only a very tiny fraction EVER have any commercial value. And there are probably 100 "great ideas" for every patent ever awarded. It is probably unrealistic for ANYONE to say "I have a great idea and it's worth a fortune".

However, let's say that the idea IS commercially viable and can be developed. Doing so is not automatic. One has to invest a great deal of time and money in developing an invention, so it wouldn't be fair for OP to do all the work after divorce and for ex to still get 1/2 of the invention. Even if the invention is simply sold to a third party, there's still a good bit of work that would need to be done.

That said, patent laws are somewhat in flux right now, but the general principle is that the invention occurs when the idea is conceived and reduced to practice. 'Reduced to practice' is often misinterpreted - even by the courts - and I've seen cases where simply doing a thought exercise was sufficient to have reduced an invention to practice. So, after an extended court fight and immense expense on both sides, it is possible that stbx would prevail and WOULD be found to have marital interest in the invention under the circumstances outlined above. It might be prudent to disclose the invention and offer a smaller percentage of profits, based on the fact that OP will still need to invest a lot of time and money to make it a success. That could avoid a huge legal battle down the road (since stbx could argue, possibly successfully, that OP committed fraud by not disclosing assets - the invention).

In short, OP really needs an attorney and needs to comply with discovery as much as possible - and when there's a good reason not to comply, needs to do so for legitimate reasons. "I don't want to give her any more information" is going to do nothing but irritate the judge.

What if I honestly don't have any more information to give them but they think I do? I simply don't have any more info for them - if I did I would give it but I don't. What happens then? What will the judge determine then? A default judgment correct?

 

[jared77h]

My main concern here is that I can not afford to get an attorney (I cant believe I got so broke that I did not save a few thousand for a disaster such as this) and I'm through giving stuff to them so I am going to be at the mercy of the court and everything that I have worked for my entire life (im 42) will belong to her and the person she had an affair with but I'm cool with that - it took me a while but I'm ok with that as I really have no choice because I got all the way in debt trying to please her while she was securing her future but now I just need to know how can I NOT give he any future anything? Current and Past she can have it all, but will I be able to start from scratch? Any advice? I'm concerned about the judge just giving a blanket judgment which would include all they are asking for. My only disagreement is "future" not yet done or conceived earnings.

Also, How long does discovery take? Her family will not run out of money so will I be answering discovery requests for years and years?

 

[majomom1]

Also, How long does discovery take? Her family will not run out of money so will I be answering discovery requests for years and years?

Why do you keep referring to a default judgement? That will only happen if you do not answer the discovery and/or do not show up for court.

Answer the discovery and object to anything that pertains to future earnings, on the grounds that it is not relevant.

The judge will not enter a default judgement if your are responding and complying to the discovery. Objecting is complying. And show up for any hearings so you can further explain your objections, when asked.

 

[jared77h]

I would advise strongly to fight against STBX getting 50% of all future earnings. That's ridiculous. They go to school, for example, and then earn their income PLUS get half of yours? And what about any FUTURE spouse? They are supposed to be legally entitled to half of the marital income (after child support, which does eventually end).

How long was the marriage? Why are they asserting you should owe her forever? While spousal support may or may not be warranted, 50% forevr is ridiculous. Is the STBX able bodied?

I know it is ridiculous! 15 years, they are doing it to make my life miserable as she knows I'm financially drained but she claims I am worth millions (my inventions and that I may have an invention hence the future earnings) which I don't have an invention right now. I haven't given up on life so I believe one day I will create an invention worth millions. She has money to burn from her family and she works but it's her family that have deep pockets (her parents are millionaires) and she has moved on with a wealthy guy but she just trying to make my life miserable because she doesn't want me to be happy and successful because I caught her cheating (only she, I and the guy Know) but I cant prove what happened. That is the reason why besides she is a greedy person (raised that way) her entire family are greedy people. Any thoughts?

 

[jared77h]

Why do you keep referring to a default judgement? That will only happen if you do not answer the discovery and/or do not show up for court.

Answer the discovery and object to anything that pertains to future earnings, on the grounds that it is not relevant.

The judge will not enter a default judgement if your are responding and complying to the discovery. Objecting is complying. And show up for any hearings so you can further explain your objections, when asked.

THANK YOU FOR THIS ADVICE! I DID NOT KNOW THIS! I WISH I COULD HUG YOU! I have responded to the discovery (supplied documents) and I have been asked for more discovery that I don't have. Her attorney is saying that my documents are lacking severely in substance and that I need to supply other paperwork that I do not have like information and statements I should have received from vendors that I don't have. I've given my taxes and my pay stubs from my job. What happens now?

 

[CJane]

You cannot (legally) just refuse to respond to information requests/document requests/discovery.

You MUST object PROPERLY and within legal bounds. Your failure to maintain the records of your "invention" business is not THEIR problem.

So, you need to state that you object to the request because you are not able to provide the requested documents.

Honestly, she "can't" get 50% of future earnings, but that doesn't mean she isn't going to beat the he** out of you in the courtroom because you're too ignorant of the rules/laws/etc to perform adequately.

 

[mistoffolees]

What if I honestly don't have any more information to give them but they think I do? I simply don't have any more info for them - if I did I would give it but I don't. What happens then? What will the judge determine then? A default judgment correct?

You give them the information you have. If it's sufficient to have created an invention, then she is entitled to her share of marital equity. It doesn't matter if all the details have been worked out, the mere concept may be enough to make the invention marital property.

A default judgment is what happens if you don't respond. In general, if you don't respond, she'll get everything she asks for, so you really want to make sure you respond properly. It has nothing to do with how much information you provide on the invention.

Once again, you really need an attorney or you're going to get steamrollered. Talk to some attorneys about a payment plan, if necessary.

 

[jared77h]

You cannot (legally) just refuse to respond to information requests/document requests/discovery.

You MUST object PROPERLY and within legal bounds. Your failure to maintain the records of your "invention" business is not THEIR problem.

So, you need to state that you object to the request because you are not able to provide the requested documents.

Honestly, she "can't" get 50% of future earnings, but that doesn't mean she isn't going to beat the he** out of you in the courtroom because you're too ignorant of the rules/laws/etc to perform adequately.

You have figured that portion out, I did keep inadequate records so I don't have any more discovery so I will tell this to the judge. I know I'm in for a beating. And more beating! I have realized this. How long will this process continue? Does anyone know? How long can they keep this going? Can it be forever? Her money parents' money is long and I can see her going on for at least a few years? Is their something I can do to say to the Judge that will speed this process of the inevitable up?