Divorce - Alimony - Business Asset ??'s

[kellypa2678]

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

Hello,

I have some quick questions. My husband since 2005, told me he wants a divorce. We really have no assets other than a old truck, and a business, that was purchased last year. Maybe some small other things, but the business is the main thing. I have a child from a previous marriage. I'm just wondering what will happen in the divorce, I have yet to get ahold of my attorney and I just wanted I guesss some sort of piece of mind here. He makes about 10k more than me a year and with the business income, seasonally he pulls in alot. The business is estimated at a 25-30K. Am I entitled to half of that? I just want what I deserve having to walk away from my home of 11 years, and uprooting my child. He will remain in the home, which is his families house.

 

[LdiJ]

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

Hello,

I have some quick questions. My husband since 2005, told me he wants a divorce. We really have no assets other than a old truck, and a business, that was purchased last year. Maybe some small other things, but the business is the main thing. I have a child from a previous marriage. I'm just wondering what will happen in the divorce, I have yet to get ahold of my attorney and I just wanted I guesss some sort of piece of mind here. He makes about 10k more than me a year and with the business income, seasonally he pulls in alot. The business is estimated at a 25-30K. Am I entitled to half of that? I just want what I deserve having to walk away from my home of 11 years, and uprooting my child. He will remain in the home, which is his families house.

What kind of business is it? Where did the money come from to purchase the business? What kind of business entity is it and are you a partner or shareholder?

 

[kellypa2678]

It is a landscaping business. I did not put up the money for the sale, other than taking up the slack for the household expenses. I am not a partner and I believe it is a LLC or something like that. I did the taxes and he didn't keep out any taxes so we got hit hard with that.

 

[kellypa2678]

I don't know if it matters or not, but he also had a gambling debt, wich left me with a 1000 bills to pay,,,probably not,,,,He has also been unfaithful admittedly,,,,

 

[kellypa2678]

I don't want to take this man for everything, I just want what is fair, as I need money to be able to set up a new place for me and my child.

 

[LdiJ]

It is a landscaping business. I did not put up the money for the sale, other than taking up the slack for the household expenses. I am not a partner and I believe it is a LLC or something like that. I did the taxes and he didn't keep out any taxes so we got hit hard with that.

Sorry, but I asked you exactly where the money came from. If you don't answer that question, I cannot give you good advice.

 

[nextwife]

Married in 2005 makes this a really short term marriage. What were you doing to support yourself and your child BEFORE you married him? So you did a bit of work in his business. Was this in addition to your own job? OR in lieu of a job?

Why do you feel entitled to half? Did you help start the business? Help fund the startup costs? Help grow the business significantly during the marriage?

Or did he bring the business to the marrriage? Is most of the value of the business him and his expertise/contacts? WITHOUT him, does the business have a saleable value?

You would generally be entitled to half the MARITAL debt and half the marital assets. A super short marriage like yours is not likely to yield more than very short term alimony. Are you job hunting?

 

[kellypa2678]

Sorry, to answer where the money came from to pay for the business, he made payments, he bought it from a friend, for 5k, he stopped helping pay for groceries and house hold expenses, for which I had to take up that slack, I then couldnt' so filed for bankrupcy in 2009.

Before we were married in 2005, we lived like we were married since 1999. When we married, it just stayed the same.

I don't think I"m entitled to halve, I just thought since PA is a no fault state, that all assets would just be divided. If I'm wrong, then I'm sorry.

I just want to protect myself and my child through all this. I just found out on Sat, and now i have to move, with little money, and he gets to stay in the house, and have his FT income, along with his business income. One for which I have had to sacrifice alot being he would alway be away from home and I would have to pay alot more to keep food in the table and so many months things would be shut off because he would pay for for the business and not utilites, and then our cable was shut off, not only for gambling, however because he paid on the business and not it, which left me to pay 1000 as it was in my name.

 

[kellypa2678]

Oh, I do have a FT job and a part time job. He got a DUI last year so I had to take on another job as he once again, stopped paying for things in the house,,,,but now that we are divorcing, I have to give up the PT job as my child is devasted and she is needs me right now and I am going to put her in counseling and I cannot be away from her with the PT job. My Ft job just is not nearly enough to make it on my own, as I'm paying 200 a month for bankrupcy. He makes like 10K more than me and has this business for more income. I don't want the business, I wold very much like a settlement, and not have to go for support.

 

[LdiJ]

Sorry, to answer where the money came from to pay for the business, he made payments, he bought it from a friend, for 5k, he stopped helping pay for groceries and house hold expenses, for which I had to take up that slack, I then couldnt' so filed for bankrupcy in 2009.

Before we were married in 2005, we lived like we were married since 1999. When we married, it just stayed the same.

I don't think I"m entitled to halve, I just thought since PA is a no fault state, that all assets would just be divided. If I'm wrong, then I'm sorry.

I just want to protect myself and my child through all this. I just found out on Sat, and now i have to move, with little money, and he gets to stay in the house, and have his FT income, along with his business income. One for which I have had to sacrifice alot being he would alway be away from home and I would have to pay alot more to keep food in the table and so many months things would be shut off because he would pay for for the business and not utilites, and then our cable was shut off, not only for gambling, however because he paid on the business and not it, which left me to pay 1000 as it was in my name.

Then the business was purchased with marital assets, and is therefore marital property.

However, you would have a hard time claiming that the business was worth 25-30k if your husband only paid 5k for it a couple of years ago.

 

[kellypa2678]

Why do you feel entitled to half? Did you help start the business? Help fund the startup costs? Help grow the business significantly during the marriage?

I don't really feel I'm entitled to half, I just know I did alot of sacrificing in the marriage for this business and the start up costs in which it incurred. I never got any money from him from the business as he spent it on the cost of the business, and I had to start to pay for more of the utilities, groceries, other expenditures, I invested in a phone line for the business and a laptop for which he uses for the billing.

 

[nextwife]

Whose child is this? How old are they? Are they not yet in school full time? Is their father under a CS order?

If they ARE in school full time. how would staying home full time help them? Counceling can be done in the evenings, and the child can still go to school and activities(that's what we do with my kiddo).

You said your BK was 09, but what year did he buy the business? You have no idea if he brought any of the assets used to buy it to the marriage?

What is the dollar value of that laptop and phone line?

 

[kellypa2678]

Then the business was purchased with marital assets, and is therefore marital property.

However, you would have a hard time claiming that the business was worth 25-30k if your husband only paid 5k for it a couple of years ago.

The reason I said I thought it worth that, as to be honest, I really don't know, but the equipment that it involves is very large machinery, trailers, ect...

 

[kellypa2678]

Whose child is this? How old are they? Are they not yet in school full time? Is their father under a CS order?

If they ARE in school full time. how would staying home full time help them? Counceling can be done in the evenings, and the child can still go to school and activities(that's what we do with my kiddo).

Not staying home FT, just giving up the PT job,,,,which is in the evening. It is not his child.

 

[kellypa2678]

On sat when he told me, and I don't know if I did the right thing or not, but I told him that I would take 7K and we would be done with it. That way I wouldn't touch his business. He said to me, why do I have to pay you, why don't you have to pay me?? He made the comment why do men always get the shaft.