Stipulation of Divorce

[qualified]

What is the name of your state? NYC
This case concerns my girlfriend's parents, their divorce agreement in 1984, the continuing care of her mentally handicapped adult sister who was being taken care of by her mother at home at home & the recent death of her mother April 18th. As stipulated in their divorce agreement, her father was to continue to pay $75 per week for the care of his adult mentally handicapped daughterto his ex-wife. He was to pay $175 per week for his ex- wife's support. He was grossly behind in both theses payments as well as other monies stipulated for the support of his son who died 10 years ago.
The question is: now with the mother's death, (his ex-wife) does he still owe that money, is he to continue to pay for the support of his mentally handicapped adult daughter & if so, to whom does he pay this money? He is not making any attempt to pay for the daughter who is now living in a group home & attends a day care facility during the week. My girlfriend does not want to be named executrix, (her mother died intestate), because she died heavily in debt as you can imagine & my girlfriend assumed a $12,000 debt to pay for her mother's funeral. She feels that if she does step forward she will have to pay her mother's debt, lawyer fees to pursue her father's case & may lose the case anyway & be doubly in debt. I think that because she is not willing to step forward as executrix there is nothing she can do to force him to pay anything. He has since remarried & moved to Connecticut. He owes close to $100,000 in support for his ex-wife & children but claims he has no money. He is no longer working & in his early 70's.

[LdiJ]

Originally Posted by qualified

What is the name of your state? NYC
This case concerns my girlfriend's parents, their divorce agreement in 1984, the continuing care of her mentally handicapped adult sister who was being taken care of by her mother at home at home & the recent death of her mother April 18th. As stipulated in their divorce agreement, her father was to continue to pay $75 per week for the care of his adult mentally handicapped daughterto his ex-wife. He was to pay $175 per week for his ex- wife's support. He was grossly behind in both theses payments as well as other monies stipulated for the support of his son who died 10 years ago.
The question is: now with the mother's death, (his ex-wife) does he still owe that money, is he to continue to pay for the support of his mentally handicapped adult daughter & if so, to whom does he pay this money? He is not making any attempt to pay for the daughter who is now living in a group home & attends a day care facility during the week. My girlfriend does not want to be named executrix, (her mother died intestate), because she died heavily in debt as you can imagine & my girlfriend assumed a $12,000 debt to pay for her mother's funeral. She feels that if she does step forward she will have to pay her mother's debt, lawyer fees to pursue her father's case & may lose the case anyway & be doubly in debt. I think that because she is not willing to step forward as executrix there is nothing she can do to force him to pay anything. He has since remarried & moved to Connecticut. He owes close to $100,000 in support for his ex-wife & children but claims he has no money. He is no longer working & in his early 70's.

Being named executrix would not make her liable for her mother's debt.

However, she can ask to be appointed as her sister's guardian, and could pursue support for her sister, but you are right, that it would mean legal fees.

If he is over 70, its quite possible that he does not have anything.

I think that she should at least consult with both a probate attorney and a family law attorney. A consultation would not be terribly expensive (maybe even free, some attorneys do give free initial consults) and that would give her a better idea of what is or isn't possible.

[qualified]

Isn't there some kind of service in NYC that goes after deadbeat dads, as a free service?

[Zigner]

Originally Posted by qualified

Isn't there some kind of service in NYC that goes after deadbeat dads, as a free service?

There are two big problems with services like that. First, as was mentioned earlier, he may not have anything to begin with...so no matter what "service" you use, there may be nothing to collect. Second, private services generally take a large chunk of any money they might happen to collect.

[nextwife]

Originally Posted by qualified

He owes close to $100,000 in support for his ex-wife & children but claims he has no money. He is no longer working & in his early 70's.

Yes, it is entirely possible that he was just never making that kind of money later and never modified, since he wasn't paying anyway. If there was an intervening marriage, his second ex may have gotten most of his assets. You can't presume that what he didn't pay went into savings, and it's certainly not going to come from a wage withholding. All that can be done is an asset search to see it there is anything to seize.

It is NOT likely the state would want to incarcerate a guy in his 70s for CS, because then the state is responsible for his medical care.

[fairisfair]

exactly how many thread are you going to start on this same subject??

Are you hoping that the answers will change.

I am beginning to wonder who is, in fact, the one that is mentally challenged.

[qualified]

He has remarried once only since this divorce and remains married to the same woman and is living in a posh house in Connecticut so I don't think any of the above assumptions about his lifestyle are correct. Wouldn't he and his wife since he is married be responsible for this debt or if his assets were transferred to his present wife's name, does that take him off the hook?

[LdiJ]

Originally Posted by qualified

He has remarried once only since this divorce and remains married to the same woman and is living in a posh house in Connecticut so I don't think any of the above assumptions about his lifestyle are correct. Wouldn't he and his wife since he is married be responsible for this debt or if his assets were transferred to his present wife's name, does that take him off the hook?

It wouldn't let him off the hook, but it may mean that there are no assets to place liens against. The question really isn't so much whether or not she could get a judgement on him on behalf of her sister, but whether or not she can collect on that judgement.

[qualified]

Does anyone know for sure if Connecticutt is a community property State? By that I mean if assets are in the wife's name only, would both husband and wife be liable if a judgment were made against the husband for not abiding by the agreement in a stipulation of divorce for his previous wife and children. I know this man would abide by the law if a judgment were made against him, but is he and his current wife liable if a judgment against him in New York City were determined?

[Bali Hai]

Originally Posted by qualified

Does anyone know for sure if Connecticutt is a community property State? By that I mean if assets are in the wife's name only, would both husband and wife be liable if a judgment were made against the husband for not abiding by the agreement in a stipulation of divorce for his previous wife and children. I know this man would abide by the law if a judgment were made against him, but is he and his current wife liable if a judgment against him in New York City were determined?

His current wife wasn't a party to his divorce. Why do you think there is even a remote chance that she would be ordered by a court to pay anything???

The sister has been cared for all these years and who has paid for that?

[qualified]

He was supposed to be paying child support & alimony as ordered by the divorce decree for two crippled & handicapped children for life but was severely behind in all his payments. Now that his ex-wife has died, I'm just wondering if he and his present wife's assets can be held liable to the estate.

[Bali Hai]

Originally Posted by qualified

He was supposed to be paying child support & alimony as ordered by the divorce decree for two crippled & handicapped children for life but was severely behind in all his payments. Now that his ex-wife has died, I'm just wondering if he and his present wife's assets can be held liable to the estate.

I'm aware of what you are driving at.

[qualified]

Please if someone knows the laws of community property for the State of Connecticut as it applies to the question above.