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  #1  
Old 11-06-2002, 10:16 PM
tigertail
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Divorce - custodial parent has a successful small business


What is the name of your state? Washington

My friends niece is going through a divorce. Her husband and she were building a huge home that went far over budget. He lives in it now. The IRS is threatening to foreclose on it because her husband owes them over 100K and he is late on a $3,500 per month payment he agreed to pay (So they're going after her for it). He had a business - he didn't manage the books and closed the doors one day. He didn't pay his employees or anyone else.
She is a partner in a successful small business. She knew he was out of control but not how far until too late. They have a special needs child that she has (they share custody but he doesn't have patience for the boy).
Her lawyer specializes in divorce and to date she is taking care of the boy and paying her husband almost 6K a month in support and he wants more. In her words, "The holidays are coming. I'm poor as a church mouse and now even my crumbs are threatened."
One of the many distressing aspects of this is that her husband is going after money this business is making. It isn't even hers - it's money that is supposed to go towards the renovation of the historical building the business occupies, it's also her employees bonuses. Her lawyer doesn't seem to understand this -
Her husband once even tried to run her over with his vehicle.
She's looking at getting a different lawyer but she's tired, depressed, and feels hopeless now.
Any advice is welcome. She has a big support group and we're looking for direction so we can help her out.

Thank you,
Tigertail
  #2  
Old 11-08-2002, 03:46 PM
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You haven't received any answers, and I think the reason is because it's such a complicated issue and not all the facts are available.
We don't know what kind of business structure the husband has, or had, and whether or not the wife is liable for any of the debts, etc.
I do know they should sell that house that neither of them can afford!
I do know that if she is using grant money or loan money issued for the specific purpose of historic preservation and she is using the money to pay alimony or spousal support, she could face federal charges.

She has every right to be depressed, but she needs encouragement to face these issues with an attorney. She really needs a good family lawyer who handles family law issues for those in the upper income brackets who have these complicated issues.
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Not All Who Wander Are Lost. J. R. R. Tolkein
  #3  
Old 11-09-2002, 11:00 PM
tigertail
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Thank you for your response.
I'm going to forward your response to her so she knows there are those that are willing to help, and places to turn to for advice.
Thank you again for your time.

Sincerely,

Tigertail
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