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WEAVE feeling desparation

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gennavee

Guest
Hello I am a mother of 4 wonderful boys, We live in California and we currently have a restraining order on my ex-boyfriend (father of my two youngest). He is unable to retrieve any of his belonging from our home and because I just recently started working after 8 years of staying home and caring for our children I am feeling overwhelmed with the financial obligations because he took care of everything and now I am. I would like to know my rights as far as my selling some things to get some financial help with maintaining our home (which is a rental about to be sold). I need some added financial support to be able to afford the move we are soon to be faced with. The things I wish to sell are just some of an abundance of tools and power tools. I feel as though I am taking desparate measures in a desparate situation, as my ex is no longer helping to support any of us. My ex has obtained a lawyer and I am being helped by a paralegal through WEAVE. I would like to know if their will be any legal repercussions towards me if I sell some of his tools to help us temporarily support our residential move? I would also like to know if just because he obtained a lawyer, is that against me because I don't have one when we go back to court?

[This message has been edited by gennavee (edited August 20, 2000).]
 


T

Tigres

Guest
I have 2 questions which may help other's answer you.

1) What state are you in? Laws can vary greatly or subtly between states.

2) Is there any court ordered support and, if not, why?

Good luck!

Tig
 

LegalBeagle

Senior Member
It is never a good idea to sell a mans power tools. Chances are it will just cause problems later when you are in court. Your best route is to get a petition for child support filed into court now.

If you absolutely have no choice and he refuses to pay you anything for support, then you can sell the tools and plead poverty and desperation to the judge. You could also let your ex know that if he does not pay you anything that you will sell them, he might just cough up some money.


 
G

gennavee

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tigres:
I have 2 questions which may help other's answer you.

1) What state are you in? Laws can vary greatly or subtly between states.

2) Is there any court ordered support and, if not, why?

Good luck!

Tig
<HR></BLOCKQUOTE>

Thank you so much for asking...I am in Calif. and we have a court date on Oct. 5th, which I believe we will at that time, have to go to Family Court Mediation. I have gone to the DA and filled out some papers requesting child support but nothing has been done so far.
Thank you again....
 
G

gennavee

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
It is never a good idea to sell a mans power tools. Chances are it will just cause problems later when you are in court. Your best route is to get a petition for child support filed into court now.

If you absolutely have no choice and he refuses to pay you anything for support, then you can sell the tools and plead poverty and desperation to the judge. You could also let your ex know that if he does not pay you anything that you will sell them, he might just cough up some money.

<HR></BLOCKQUOTE>

Thank you for responding, but do you think their would be repercussions to my selling some tools, he has several of so many things and I wouldn't sell everything just some so that I can afford to move, because our home (which I rent) is being sold. Would I get in some kind of trouble for doing such a thing?

Thank you again.

 
T

Tigres

Guest
This isn't based on legal fact, just my own odd logic. So, it would be nice if someone else can back this up or explain why it won't work.

IF the tools were gained during the cohabitating part of the relationship and they were not specifically a gift for him from you or an outside party, then you might be able to sell them (legally!) and only use half of the money, reserving the other half to return to him or to credit towards his child support payments at a later date. IF you decide to do this after getting a full legal answer about it, keep detailed records as to what was sold and for how much and make sure that you do not use ANY of his half of the money until someone says you can do so. Technically, if he never brings it up, you could keep the money, but the morality of that is cloudy and you would have to find out how long after leaving he could still demand either his tools or the money.

Regardless, if you do decide to sell the tools, make sure you get a good price for them even if it means trekking to the hardware store and comparison shopping! A good power tool, warranty still intact, and all the parts, etc should still be worth about 50% of it's price new.

Good luck!

Tig
 

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