Lawsuits vs CS

[EmmeRose]

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

Well, long story short, thanks to the VLN (Volunteer Lawyers Network), I now have a pro-bono lawyer who thinks I can sue a company over an old debt that's really my mothers. Here is the link to when I posted about it way over a year ago. https://forum.freeadvice.com/debt-collections-84/wage-garnishment-546900.html

There is a court date set up and my ex got wind of it via her lawyer who must have just entered my name in the MN court records and sees a court day coming up...(here is a link to that one https://forum.freeadvice.com/adoption-34/step-parent-adoption-mn-577477.html ) and I just received an email from her saying that she wants to delay the adoption because she thinks if I win and I get money out of it she is entitled to at least 40% of that for our daughter. She told me we'll discuss more about the adoption after my other court stuff goes through. I told her that could take months, if not possibly over a year and she said that's fine, she'll wait. I also asked if I can see my daughter to which she said it wouldn't be good for our daughter to have two daddies since she's getting married in less than 2 weeks.

Is she entitled to almost half of the money I get if I do win this? I know it's our daughter but the fact that she wants to delay adoption ONLY for money bugs the crap out of me. I'd rather tell the lawyer to sue for his own attorney fees and not give me a dime if I know she's just so money hungry.

 

[Zigner]

You should ask your attorney.

 

[EmmeRose]

I know, I scheduled an appointment with him on Monday but I just wanted a little insight since I couldn't really find an answer online. But I can wait until Monday of course.

 

[girlwapuppytat]

Ok, I read through your other two threads, and maybe I missed something, but why is she thinking your child should get 40%? Do you owe child support or any kind of money to the child's mother presently? If not, perhaps she is confused. She might be thinking of how the child might get money as an heir or something. Right now, if you owe nothing, your money is your money. Also, from reading about your other case, I don't see how you are going to get much of an actual cash judgement? If this company tried to get you to pay something you didn't owe, it seems like your favorable judgement would just be to owe them nothing, not get some huge sum of money... at least not a sum large enough to entice your ex to sit around and wait rather than proceed with her adoption plans. I think info is missing in this story....?

 

[EmmeRose]

I don't owe any back child support but I do pay monthly. She emailed me saying that her lawyer found out about it and her lawyer advised her to wait until the court is all over just in case I do get money out of it. Her lawyer informed her she can get around 40% of whatever I get for our child. I will talk to my lawyer on Monday to see if that could be possible.

 

[girlwapuppytat]

40% of whatever I get for our child

This makes no sense. The money is YOURS, not your child's money, at least the way you describe this situation. You owe no arrears, and owe her no money in any judgements, correct? She'd potentially get regular usual support for the child in delaying this adoption, that's all I see. Maybe someone else has a better imagination than me though? What is the 40% amount about? In my state, one child gets 17%, and if it were something to do with marital property, that'd be a 50/50 split, but that is only in certain states... can't remember if MN is one of them even? Well, I hope your lawyer can clear this up for you, and I am curious for an update also. Sometimes when things sound "crazy" to me, it's just because I'm totally wrong/stupid about something