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Divorce questions.. Looking for Help

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dak11

Guest
What is the name of your state? Ohio

I have a question regarding my Aunts current divorce. Forgive me if I get some facts mixed up or don't have all the facts straight.

She initially filed for divorce last August but then gave her husband some time to try and fix the marriage (after 15+ years). He failed to change and she finally filed for good and they've started the process. They have kids and my Aunt has 'temporary' custody of the kids (3 of them). During this period of time she doesn't have access to any money and is not getting any child support. She goes on to say that her husband has been living a good life, going on vacations, buying new clothes, etc. She has no idea where he's getting this money from.

There has been a few dates set for a real custody hearing but everytime the date comes around her husbands lawyer gets it pushed back further.

1. Is there anything that her lawyer can do to stop this from happening (I think it's happened 3 times already)? I'm curious if her Lawyer is over looking something to force them to go to court.

My Aunt is barely making ends meet working a $10 an hour job with no benefits while trying to support 3 kids while her husband, who's a doctor, is eating out all the time and living the good life.

2. Why is she not allowed to use their join money but he apparently is (or he's taking money from their practice)?

I guess I'm just curious as to why the court date keeps getting pushed back and he's not forced to pay 'temporary' child support while my Aunt has 'temporary' custody.

Any answers would be appreciated.
 


Jeter

Member
Here's one answer that comes to mind: Tell your Aunt to ask HER LAWYER these questions. I'm sure he could answer these questions better than anyone on this forum since he/she is HER LAWYER dealing with HER CASE. Better than recieving legal advice for a situation based upon mixed up facts and no concrete details. Just a thought. Sounds like you're secretly being a Butt- inski!


Jeter
 
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ellencee

Senior Member
here's another thought...
child support is a totally different matter than spousal support and alimony. unless barred by an order, joint money is just that, his and hers.
temporary spousal support and alimony should be in place.
 

kidoday

Senior Member
Why has the spousal support and child support been ordered? She must have had her temporary hearing by now. ?
 
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dak11

Guest
I don't think I'm being a butt-inski. Other then listening to her problems I've only given her my opinion, never done anything else other then post on this board.

I just think she might be a little naive about the divorce process and I just want to make sure her lawyer is doing everything she can for her. With 3 kids and the type of job she's qualified for (secretary - she hasn't worked much since she got married) she's barley getting by. I've already loaned her money and so has my Uncle just so she can buy groceries and clothes for the kids until the divorce is final. I'm just trying to look out for her - hence my 'anonomous' post on this board.

She's had the temporary hearing (she has custody) but the actual hearing keeps getting pushed back.
 

nailtech

Senior Member
They had the hearing and was she not awarded temp. child/spousal support at this hearing??


That’s one of the purposes of the temp hearing... if her lawyer did not get that ball rolling, in my opinion its time for another lawyer.. If she got screwed in the temp. hearing, I can only imagine what’s going to happen in the final one...
 
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dak11

Guest
Sorry if I was confusing.

They had the temporary hearing already and she was awarded temporary custody. It's the permanent custody hearing that keeps getting pushed back.

There's another thing that I though of this morning that I'll ask. Since my Aunt has gone back to work she's been forced to get a baby sitter for the kids after school by the court (oldest daughter is 16). This is a fee that she's also paying out of her pocket, not split with her husband. Shouldn't this cost be shared?

The reason I initially posted these questions is because from what she's been telling me about the process she's going through, it seems things are tougher on her then they should be (my opinion). I just wanted to get other opinions about what her lawyer might not be doing. It seems from the stories she's told me that she has little or no access to their money while he has access (or secret accounts) that he's been using.
 

nailtech

Senior Member
has she tried to freeze some or all of his assets through a court order?? once thats done, he will surely move faster in resolving the issues to get at his share of the money...

You stated he is a doctor, is the practice private and/or in joint names??

what has her lawyer done for her other then the temp. hearing??
and you never stated if she's receiving any kind of support whether child or spousal...

I was told once theres a way to run a social security number with a court order to find any hidden assets, I was never sure if it was true or not maybe someone else can answer if its possible or not...
 
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dak11

Guest
I'm not sure about the court order to freeze his assets. I'll have to ask her. But, if my memory serves me she made mention something along the lines of all their assets are frozen, for the both of them - if that's possible.

He is in private practice. I've been told, through my Aunt, when she worked at the office (helped run the practice - office work) that he wasn't taking any kind of salary from the practice. So she's surprised with the life style he's been living since she had him served with the divorse papers. She assumes he either has secret bank accounts or taking large loans from his friends. His father recently passed away so he could have come into a large sum of money the last few months - which he deposited in his own account. But, all this is one-sided coming from my aunt.

I'll find out more about what the Lawyer has done for her (other then the temp hearing). I haven't spoken to her for about 2 weeks but she mentioned in a recent E-mail that both her and her husband (ex-husband to be) needs to tell each other when they leave the state (court order) during the temporary custody and he's gone to California for medical classes without telling my aunt and recently she was talking to one of his patients and she was told that he closed to office for 2 weeks and heard that he was in Colorado hunting. Neither of which she was aware of.

She is currently getting no support at all from him as far as I know. She's trying to get by on $250 a week (cleared money) with paying for groceries and baby sitters (3 kids) along with other expenses.

I'll talk with her tonight or tomorrow and see what exactly her lawyer has done up to this point.

Thanks for all the replies.
 

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