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Ex wants to go after our Inc.

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What is the name of your state? Florida

Hi all,

my boyfriend filed for his divorce in the middle of February, the papers were served to his ex in Texas on the first of March, so the 20 day period before he can file for a default is almost over and to our knowledge she hasn't sent any paperwork back to the court yet (we're hoping that she won't LOL).

She called him today and threatened that she would go after our company which is an INC. He is the owner and I am the co-owner. We have a handyman business that is still relatively small and we pretty much only make enough money to pay the bills. There are no or very little assets in the bank accounts (checking and savings). Is she going to be able to do that ?

My boyfriend's ex said that she has hired a lawyer and that she "will see us in court" (we think that she is bluffing), my boyfriend is not planning on hiring a lawyer because it's pretty much a waste of money and I agree - he has her medical records that state that she is an alcoholic who refused treatment on several occasions, she was in a mental ward for a few days and he has paperwork that proves that she had him falsely arrested for Domestic Violence (he is the most gentle man in the world who would not harm a fly - I've been with him for 18 months and he has NEVER shown any signs of violence whatsoever) by the Military Police while they were stationed in Hawaii with the NAVY and he kept stacks of receipts that prove that he spent about $15 a day on her alcohol habit.

He paid $1,600 for a storage unit here in FL with mostly HER stuff such as memorabilia in it and she never made any attempts to pick it up (it was more convenient for her that he paid for it even though he told her many many times that she needed to take responsibility), eventually he took some stuff out of it (a used California King Bed which they got from a friend for $200, a used Sectional that they got from a friend for $50, a Surround Sound System that was a birthday gift from her to him and Cookware that he paid for) because it's just fair, now she wants EVERYTHING and more. I told my boyfriend that we should give her 50% of the California King Bed and 50% of the Sectional, totaling $125. We don't think that she has a leg to stand on. She didn't work 3/4 of the time that they were married and did nothing but drink (12-24 beers per day). The reason why her stuff was here in Florida is that when my boyfriend was discharged from the NAVY in Hawaii he listed Florida as his address. While the stuff was on it's way from Hawaii to Florida, he took her to her parents in Texas, visited his family for a couple of weeks in Ohio and then came to Florida. She showed up here in Florida unannounced a day after he got here to have my boyfriend sign over the shipment but he refused because at least half of the stuff was his. So she took HIS dog and left back to Texas where she has been living since.

It took her 16 months to pick up her stuff from the storage unit and now she is requesting that he pays for both trips from Texas to Florida and back to pick it up and credit card debt on credit cards that were only in HER name that was incured when my boyfriend and her Dad were working on a car that is IN HER POSESSION. What the hell is this woman thinking ? She also claimed 5 dependents on her W-2 form when she was working for a year in Hawaii and it was only her and my boyfriend. She underpaid about $780 in taxes and even if they file married, there is a tax debt of $180 which she hasn't paid yet - it's for 2003.

What is your opinion about my boyfriends situation ? It seems like this woman is trying to take my boyfriend for a ride and she wants him to pay for everything, even though she is working too (so she says, but then, she lies a lot). This woman is way too much to handle for us LOL.
 
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Gracie3787

Senior Member
What is the name of your state? Florida

Hi all,

my boyfriend filed for his divorce in the middle of February, the papers were served to his ex in Texas on the first of March, so the 20 day period before he can file for a default is almost over and to our knowledge she hasn't sent any paperwork back to the court yet (we're hoping that she won't LOL).

She called him today and threatened that she would go after our company which is an INC. He is the owner and I am the co-owner. We have a handyman business that is still relatively small and we pretty much only make enough money to pay the bills. There are no or very little assets in the bank accounts (checking and savings). Is she going to be able to do that ?

My boyfriend's ex said that she has hired a lawyer and that she "will see us in court", my boyfriend is not planning on hiring a lawyer because it's pretty much a waste of money and I agree - he has her medical records that state that she is an alcoholic who refused treatment on several occasions, she was in a mental ward for a few days and he has paperwork that proves that she had him falsely arrested for Domestic Violence (he is the most gentle man in the world who would not harm a fly - I've been with him for 18 months and he has NEVER shown any signs of violence whatsoever) by the Military Police while they were stationed in Hawaii with the NAVY and he kept stacks of receipts that prove that he spent about $15 a day on her alcohol habit.

He paid $1,600 for a storage unit here in FL with mostly HER stuff such as memorabilia in it and she never made any attempts to pick it up (it was more convenient for her that he paid for it even though he told her many many times that she needed to take responsibility), eventually he took some stuff out of it (a used California King Bed which they got from a friend for $200, a used Sectional that they got from a friend for $50, a Surround Sound System that was a birthday gift from her to him and Cookware that he paid for) because it's just fair, now she wants EVERYTHING and more. We don't think that she has a leg to stand on. She didn't work 3/4 of the time that they were married and did nothing but drink (12-24 beers per day).

It took her 16 months to pick up her stuff from the storage unit and now she is requesting that he pays for the trip from Texas to Florida and back to pick it up and credit card debt on credit cards that were only in HER name that was incured when my boyfriend and her Dad were working on a car that is IN HER POSESSION. What the hell is this woman thinking ? She also claimed 5 dependents on her W-2 form when she was working for a year in Hawaii and it was only her and my boyfriend. She underpaid about $780 in taxes and even if they file married, there is a tax debt of $180 which she hasn't paid yet - it's for 2003.

What is your opinion about my boyfriends situation ? This woman is way too much to handle for us LOL.
You and BF need to figure out what portion of the business is his, both income, assets and business expenses. The court will use his portion (I'm assuming you each own half) to determine all financial aspects of the divorce.
 

Ohiogal

Queen Bee
What is the name of your state? Florida

Hi all,

my boyfriend filed for his divorce in the middle of February, the papers were served to his ex in Texas on the first of March, so the 20 day period before he can file for a default is almost over and to our knowledge she hasn't sent any paperwork back to the court yet (we're hoping that she won't LOL).

So he is still married. She can still show up and argue even if she doesn't file papers.

She called him today and threatened that she would go after our company which is an INC. He is the owner and I am the co-owner. We have a handyman business that is still relatively small and we pretty much only make enough money to pay the bills. There are no or very little assets in the bank accounts (checking and savings). Is she going to be able to do that ?

Yes she will. The business is partially marital property -- his portion. Why? Because he is married!

My boyfriend's ex said that she has hired a lawyer and that she "will see us in court" (we think that she is bluffing),

Really? Yet you don't know for sure.


my boyfriend is not planning on hiring a lawyer because it's pretty much a waste of money and I agree -

Really? Based on what legal knowledge?

he has her medical records that state that she is an alcoholic who refused treatment on several occasions,

Okay and what does this have to do with anything? Irrelevant if it even sees the inside of a courtroom as it may be ruled inadmissible.

she was in a mental ward for a few days

Again, irrelevant. And again inadmissible.

and he has paperwork that proves that she had him falsely arrested for Domestic Violence

Falsely arrested? How do the papers prove he was falsely arrested?

(he is the most gentle man in the world who would not harm a fly - I've been with him for 18 months and he has NEVER shown any signs of violence whatsoever)

So he has been committing adultery or cheating on his wife for 18 months?

by the Military Police while they were stationed in Hawaii with the NAVY and he kept stacks of receipts that prove that he spent about $15 a day on her alcohol habit.

And he enabled her alcoholism. Great. Peach of a man he is.

He paid $1,600 for a storage unit here in FL with mostly HER stuff such as memorabilia in it and she never made any attempts to pick it up (it was more convenient for her that he paid for it even though he told her many many times that she needed to take responsibility), eventually he took some stuff out of it (a used California King Bed which they got from a friend for $200, a used Sectional that they got from a friend for $50, a Surround Sound System that was a birthday gift from her to him and Cookware that he paid for) because it's just fair, now she wants EVERYTHING and more.


She may get it. It was her stuff? Was it from before the marriage? If so then it is hers and guess what -- she will get it back because it is separate property.

I told my boyfriend that we should give her 50% of the California King Bed and 50% of the Sectional, totaling $125. We don't think that she has a leg to stand on.

I dont know her but she may have 2 legs to stand on.

She didn't work 3/4 of the time that they were married and did nothing but drink (12-24 beers per day).


So what? Your boyfriend allowed her not to work and put up with it. And bought her her alcohol.

The reason why her stuff was here in Florida is that when my boyfriend was discharged from the NAVY in Hawaii he listed Florida as his address. While the stuff was on it's way from Hawaii to Florida, he took her to her parents in Texas, visited his family for a couple of weeks in Ohio and then came to Florida. She showed up here in Florida unannounced a day after he got here to have my boyfriend sign over the shipment but he refused because at least half of the stuff was his. So she took HIS dog and left back to Texas where she has been living since.


Oh so he refused to allow her to get her stuff when she was here. Was the dog bought prior to the marriage and his before they married? Or was it marital property? Why does she have to announce that she is going to show up to see HER husband?

It took her 16 months to pick up her stuff from the storage unit and now she is requesting that he pays for both trips from Texas to Florida and back to pick it up


He refused to let her get her stuff when she came the first time which caused the second trip. He may have to pay for one trip.

and credit card debt on credit cards that were only in HER name that was incured when my boyfriend and her Dad were working on a car that is IN HER POSESSION.

Marital debt. Hence both of their responsibilities according to the court.


What the hell is this woman thinking ? She also claimed 5 dependents on her W-2 form when she was working for a year in Hawaii and it was only her and my boyfriend. She underpaid about $780 in taxes and even if they file married, there is a tax debt of $180 which she hasn't paid yet - it's for 2003.

They filed married together? And he signed it? Guess what -- he is also responsible for the tax fraud that you say was committed.

What is your opinion about my boyfriends situation ? It seems like this woman is trying to take my boyfriend for a ride and she wants him to pay for everything, even though she is working too (so she says, but then, she lies a lot). This woman is way too much to handle for us LOL.

You have your head buried. You are living with a married man and then trying to blame the wife for all the problems. That is a story I have heard quite a bit. He is going to get drawn and quartered in court. He will most probably have to pay at least half the marital debt and what he "has" on her won't matter.
 
Ohiogal, thank you for your response! Here are just a few clarifications:

She called him today and threatened that she would go after our company which is an INC. He is the owner and I am the co-owner. We have a handyman business that is still relatively small and we pretty much only make enough money to pay the bills. There are no or very little assets in the bank accounts (checking and savings). Is she going to be able to do that ?

Yes she will. The business is partially marital property -- his portion. Why? Because he is married!

The company was founded shortly after him and I met - in October 2005. They separated in April 2005.

and he has paperwork that proves that she had him falsely arrested for Domestic Violence

Falsely arrested? How do the papers prove he was falsely arrested?

Yes, she admitted to the Military Police (after my boyfriend was on the hot seat for 5 hours - in the military you are guilty until proven innocent) that he never hit her and that she only accused him because "she wanted attention". She was examined the same day by a doctor and it states in the medical records that she had no injuries whatsoever. She also signed a Military Police statement the same day that he never hit her.

So he has been committing adultery or cheating on his wife for 18 months?

We met about 4 months after they separated. She has been living with her boyfriend in Texas for about a year too. She is doing the same thing he does. Florida is a no-fault state so adultery is irrelevant

And he enabled her alcoholism. Great. Peach of a man he is.

He was stationed in Hawaii, working for the NAVY as an airtraffic controller. She called him about 20 times a day, complaining to him that she didn't have beer in the house. So he went and got her the beer to shut her up. Have you ever lived with an alcoholic ? Constant nagging and complaining, dealing with her passing out on the kitchen floor, the living room etc. He went to Marriage Counseling ALONE, she refused to go. And she refused to go to detox or rehab for her alcoholism. He tried pretty much everything to save his marriage. She never did anything to make things better. And yes, I am blaming her that the marriage is over.

He paid $1,600 for a storage unit here in FL with mostly HER stuff such as memorabilia in it and she never made any attempts to pick it up (it was more convenient for her that he paid for it even though he told her many many times that she needed to take responsibility), eventually he took some stuff out of it (a used California King Bed which they got from a friend for $200, a used Sectional that they got from a friend for $50, a Surround Sound System that was a birthday gift from her to him and Cookware that he paid for) because it's just fair, now she wants EVERYTHING and more.

She may get it. It was her stuff? Was it from before the marriage? If so then it is hers and guess what -- she will get it back because it is separate property.

The stuff that was in storage was her stuff such as memorabilia that she had before they were married. He made sure that she got all of it, that's why he paid for the storage for all that time. The California King Bed, the Sectional and the cookware was bought during the marriage, totaling about $350. The Surround Sound System was a birthday gift from her to him during the short time that she worked.

She didn't work 3/4 of the time that they were married and did nothing but drink (12-24 beers per day).

So what? Your boyfriend allowed her not to work and put up with it. And bought her her alcohol.

She REFUSED to work and chose to drink instead, hey, it was so much more convenient for her to have someone take care of everything than doing something herself. What was he supposed to do ? He tried to save the marriage, she just wanted someone to take care of her.

Oh so he refused to allow her to get her stuff when she was here. Was the dog bought prior to the marriage and his before they married? Or was it marital property? Why does she have to announce that she is going to show up to see HER husband?

The shipment contained marital property and stuff that he had BEFORE they were married, not just her stuff. Was my boyfriend supposed to have NOTHING and give it all to her ? The dog was given to my boyfriend from a friend in Hawaii while they were married. They were separated, living in 2 different states for a couple of months, when she showed up. He clearly stated to her on numerous occasions BEFORE she came down to Florida that their relationship was over. If she doesn't take "it's over" for an answer, then SHE should be the one paying for both trips from Texas to Florida.

and credit card debt on credit cards that were only in HER name that was incurred when my boyfriend and her Dad were working on a car that is IN HER POSESSION.

Marital debt. Hence both of their responsibilities according to the court.

The credit card debt for car parts was incurred BEFORE they were married, in her name. The car is still in HER posession, it's an old Camaro. There was also another brand new car that was bought BEFORE they were married that later had to be sold while they were married to pay the bills, her drinking habit cost about $600 a month. He proposed to her with a really nice diamond solitaire ring. She didn't like it - go figure, that should have been a huge red flag for him - and decided to buy another - of course more expensive - wedding set BEFORE they were married on HER credit card. She now wants him to pay for it even though she pawned both engagement rings and the wedding band to pay for her alcohol in Texas. Nothing is ever good enough for her, she wants more and more. I don't think that those things are marital property, are they ?

What the hell is this woman thinking ? She also claimed 5 dependents on her W-2 form when she was working for a year in Hawaii and it was only her and my boyfriend. She underpaid about $780 in taxes and even if they file married, there is a tax debt of $180 which she hasn't paid yet - it's for 2003.

They filed married together? And he signed it? Guess what -- he is also responsible for the tax fraud that you say was committed.

He filled out the tax forms about 1.5 years ago, did not sign yet, and sent her the paperwork to sign because he's a nice guy and he doesn't want her to be stuck with tax debt of $780, she never sent it back. She is even neglecting those things such as taxes and the IRS. He will now - since it's been about 1.5 years - file married filing seperately because he is responsible - contrary to her. There is a time limit for such things. Just because of her neglect he shouldn't be penalized, especially not by the IRS.

You have your head buried. You are living with a married man and then trying to blame the wife for all the problems. That is a story I have heard quite a bit. He is going to get drawn and quartered in court. He will most probably have to pay at least half the marital debt and what he "has" on her won't matter.

There is only so much someone can deal with. I don't think that my head is buried, I just can't relate to this woman. I have always been very responsible and independent - no man ever had to take care of me. I'm living with a man who is in the process of being divorced and before he filed for the divorce, who was separated from his wife. The "marriage" only existed on paper, the marriage was broken LONG before we even met. In this case, trust me, the wife IS the problem and always was.
 
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