what should she do???

[wanksta541]

What is the name of your state (only U.S. law)? Pennsylvania

hello,
My friend is going through a divorce and has been for over a year now. Her husband is STILL living at the house, and has been claiming less money through his buisness, (hes been hiding money, and she just informed the IRS today,with proof.). im assuming he hasnt left the house so he doesnt have to pay child support etc. is there anything my friend can do to have him legally removed from the house? its been over a year and its very hard on the children, it seems like the divorce just isnt moving fast enough?

thanks.
Mike.

 

[nextwife]

Are they waiting for the house to sell? Can they afford two households while still covering the mortgage and other expenses? Can she afford the house herself? It's his house as well. Without a court order, neither needs to move.

She informed the IRS. Fine, but does she realize that the IRS can lien ASSETS that bear his name, like THEIR house and THEIR car if he personally is determined to owe taxes (we don't know how his business is held)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Pennsylvania

hello,
My friend is going through a divorce and has been for over a year now. Her husband is STILL living at the house, and has been claiming less money through his buisness, (hes been hiding money, and she just informed the IRS today,with proof.). im assuming he hasnt left the house so he doesnt have to pay child support etc. is there anything my friend can do to have him legally removed from the house? its been over a year and its very hard on the children, it seems like the divorce just isnt moving fast enough?

thanks.
Mike.

Did she request exclusive use of the marital home? That's the first step - if she can afford it.

As for reporting him to the IRS, my experience is that the majority of such reports are simply ignored unless theres a huge amount of money at stake and iron-clad evidence. A better use of that evidence might be to bring it up in court when it comes to the property division, alimony, and/or child support issues. Judges don't like being lied to.

 

[DLB]

First off, I'm not a lawyer, and I'm not sure this is good advice but after I asked my wife for a divorce she filed an Ex Parte Order for Protection. All her claims were false, and the order was not renewed, but by that time I was already out of the house and my attorney recommended that I should not move back in.

 

[mistoffolees]

First off, I'm not a lawyer, and I'm not sure this is good advice but after I asked my wife for a divorce she filed an Ex Parte Order for Protection. All her claims were false, and the order was not renewed, but by that time I was already out of the house and my attorney recommended that I should not move back in.

Yes, if you have a protection order against you, moving back in would not be a good idea. Even after that, moving back in with someone who was willing to commit perjury to file a baseless complaint against you wouldn't be a good idea.

But that doesn't seem to be the case here. And if OP gets it into her head to file a false claim for protection order, that is a felony. Just because your wife got away with it doesn't mean everyone will.

 

[wanksta541]

The house is paid off as of last week.

 

[mistoffolees]

The house is paid of as off last week.

That really doesn't change things. She needs to request sole use of the home from the courts.

It DOES, however, make it easier. First, it means that there are some assets to pay for an attorney. Second, it makes it easier for her to afford the home (at least temporarily) if she gets a court order removing stbx.

 

[LdiJ]

She informed the IRS. Fine, but does she realize that the IRS can lien ASSETS that bear his name, like THEIR house and THEIR car if he personally is determined to owe taxes (we don't know how his business is held)?

The house is paid off as of last week.

Seriously "ouch"....She may just have seriously messed herself up.