Questionsand Answers Related to the 4 Core Areas of Divorce
Q&A
sessions are powerful tools that explore important divorce issues. In this
episode of Divorce Team Radio Todd Orston, Partner at the Divorce and Family
law firm of Meriwether &Tharp, LLC, answers questions related to the 4-Core
divorce issues - Custody, Child Support, Alimony, and Equitable Division of
Property.
Todd Orston (00:03):
Welcome everyone to Divorce Team Radio. I'm your host,
Todd Orston, partner at the divorce and family law firm of Meriwether &
Tharp. Here you're going to learn about divorce, family law, and from time to
time even tips on how to save your marriage if it's in the middle of a crisis.
If you want to read more about us, you can always check us out online at
atlantadevorsteam.com. Okay, let's get started. And we've done this many times.
I feel that sometimes providing education, providing information, the best way
to go about it is to look at people's questions. Look at the questions people
have, the issues that they're dealing with. And by discussing those issues,
that's going to help many more people, right? Because while every case is to
whatever degree unique, there are always going to be similarities. In divorce,
we break things down into what we call the four core areas of a divorce. So
sometimes your case is going to have all four of those core areas. Those are
custody and parenting time, child support, alimony or spouse support and
division of property and debt.
(01:30):
So you may have no property but you have kids, so you have
to deal with child support and custody and parenting time. Or there might not
be any children, but you are absolutely dependent on your spouse in terms of
your support and therefore you have to deal with alimony. So anyway, we are
going to start discussing these four core areas today by going through some
questions that people have and have posted, basically that deal with these core
issues that deal with the issues that they are dealing with that relate to
family law and divorce and custody and all of these core areas.
(02:15):
So jumping in, let's go to the first question and that
question is, can my wife rent or allow other families to use my marital home
while a divorce has been filed? I moved out six months ago. She has a family
staying in the house. I also have a minor daughter who visits her on alternate
weekends and she feels very uncomfortable staying with another family who has
high school boys.
(02:48):
So basically we have a situation where there is a divorce
pending, there's a marital house, this person has moved out of the house and
while the other party arguably has what I'm going to call possession and use of
that house, there are decisions that are being made that aren't affecting
ownership but are definitely impacting the use of that property and really
having a bigger impact on the party's child. So the question is, can she do it?
Is this permitted? All right, well I'm going to say it this way. Unfortunately,
until you have a court order that specifies it can't happen, it's happening.
You may not like it. I'm not saying it's right, I'm not saying it's reasonable,
but there's no law against it, right? It doesn't violate some criminal law. So
the question is how is this possible? How is she doing it? She's doing it
because she opened the door, allowed people to come in and they're there. And
it's not as simple as somebody saying, "All right, well if you don't like
it, just tell those third parties they got to go."
(04:15):
That's just going to create unnecessary drama and at the
end of the day it's probably not going to happen that way. So unfortunately in
a situation like this... well let me start with fortunate. Fortunately there's
a case pending. Since there's a case pending, there is a judge involved.
Because there is a judge involved, you have a possible solution. If there was
no case pending, I would be saying something probably different because I'd be
like, look, go file something. That way, like in this situation you can look to
the court, you can look to a judge and you can say, "Judge, we may have
dealt with use and possession of the home during the pendency of the case, but
she's abusing that. She has moved third parties a family or more into the
house. And on top of that situation when our daughter goes and visits, and in
that same home there are some teenage boys and she does not feel comfortable,
judge, this is not a healthy situation."
(05:33):
Her getting use and possession was not to turn it into a
bed and breakfast. And if you make the right argument, hopefully you can
convince the court that... yeah, hopefully. And I've seen judges deal with this
issue where they'll look at the party and go, "In essence sir or ma'am,
when I awarded you use and possession of the home, it wasn't for the purpose of
turning it into a hotel." Sometimes the argument against it or rather by
the party for it is, "I need the money or I need..." well, that's a
different situation but it doesn't change the fact that you have moved a family
in and at the same time you want your daughter to come visit and this is
creating potentially an uncomfortable situation for that young girl. And so I
believe this person would have some strong arguments to make to a court, I'm
not saying it's a guarantee as to why it shouldn't be allowed.
(06:35):
It's the marital home, it's for the family, keep it for
the family. And if she wants to move third parties in, maybe she needs to move
out. Go find another place with those third parties, and that will create more
of a safe haven for their daughter.
(06:53):
Okay, so let's talk about the next question. All right,
this is written by someone who basically has been a stay-at-home mom. And her
question was very simple. Answer, not so much. "Divorcing stay at-home
mom, can I argue I've contributed?" She goes on to write, "We
separated and he moved out about three years ago. I've been lucky enough that
we have had a relationship that allowed me to stay in our home and continue to
stay at the home and be a mom to our son who's in preschool. Now things have
gotten a bit acrimonious and he wants me to pay him back everything he put
towards my credit cards and my portion of the mortgage. However, most of that
money was spent on our child and the house and I would argue that he has had a
free live-in housekeeper for his half of the property. We have a big house and
I've taken care of it the entire time."
(07:55):
"It's no small amount of work. Further, I've been at
work. While we could have left our son in school all day, we would've had to
hire someone to take care of the property and obviously for our child. In
addition, in terms of alimony, he's trying to put my income at 45,000, which is
about what I made when I quit working five years ago. I make nothing right now,
have nothing in savings and if I go back to work I'll make about half what I
was."
(08:24):
All right, there's a lot to unpackage there. We're going
to start probably after to go into the next segment to answer these questions,
but let's just deal with; he wants me to pay him back. No, it's not the way it
works. And more than likely, and by that I mean I am very confident court's not
going to look at it that way. I have yet to see a judge look at a situation
like this where the parties are living under some kind of a verbal
understanding, I don't want to call it an agreement and it's definitely not a
contract, but some level of understanding, and if one party is paying bills,
it's a gift.
(09:06):
I mean it comes in the form of support, but it is a gift.
It is their choice, as quickly as one could say it was their choice to make
those payments and cover those costs. Somebody could say the choice could have
been different. You could have chosen not to pay those things, but you did. And
therefore looking at your spouse and saying, "Pay me back is
ridiculous." My opinion? Court is not going to do it. So if you are in the
situation where you might be the person paying, understand you're not getting
that money back unless there's some kind of an agreement.
(09:48):
If you say, "I'm going to be giving you X and this is
what I will get in return," and it's specific and it applies to any
divorce filed in the future, then that's a different story. But here it was
just an informal understanding, so that person's not going to get their money
back. In terms of you quitting your job, it almost doesn't matter. The bottom
line is you have been unemployed for five years, and so will a court expect you
at some point to be out there looking to get another job so you can be
self-supporting? Sure. And I've done shows on that and talked about that at
length, but the reality is right now you're not working. And so it's almost
irrelevant, right? Because the court's going to have to deal with the here and
now and that the here and now is you're unemployed, you are dependent on him.
Okay, well here and now I also have to say we have to go to a break. When we
come back, we're going to dive deeper into this question and we'll hit some
additional questions. Be right back.
Speaker 2 (11:02):
I just wanted to let you know that if you ever wanted to
listen to the show live, you can listen at 1:00 A.M. on Monday mornings on WSB,
so you can always check us out there as well.
Todd Orston (11:13):
Better than counting sheep, I guess, right?
Speaker 2 (11:15):
That's right.
Todd Orston (11:16):
You can turn on the show and we'll help you fall asleep.
Speaker 2 (11:20):
There you go.
Todd Orston (11:21):
I'll talk very soft.
(11:26):
Welcome back everyone to Divorce Team Radio, the show
sponsored by the divorce and family law firm of Meriwether & Tharp. If you
want to read more about us, you can always check us out online
atlantadivorceteam.com. And if you want to read a transcript of the show or go
back and listen to the show again or to listen to other shows, you can find it
divorceteamradio.com. So we're answering questions today. We find the best way
to educate is to look at issues that people commonly deal with. Issues relating
to divorce and custody. Parenting time issues, relocation issues, support
issues. And so that's what we're doing. And when we went to break, we were
talking about a stay-at-home mom, where basically there was some kind of an
agreement. They separated and there was some kind of an agreement that she
could stay in the home. She was not working. It's been about five years since
she had a job and that somewhat friendly relationship soured and in the past
there was some kind of an agreement, "Hey, we're separate but I'm going to
keep helping. I'm going to keep financially contributing."
(12:54):
Well, that well dried up, and now the word she uses is
acrimonious. Things are clearly more difficult and he's making claims. So we're
talking about that. And in terms of having to pay it back, no. And the fact
that she's unemployed is not going to be ignored by the court. This is going to
be a situation where this person needs to focus on a number of things, but the
demands that this soon-to-be ex-husband is making, many of them if what is
written here is accurate, they're just not reasonable.
(13:49):
This husband enabled her through some kind of just, I
don't want to call it an agreement, but understanding, basically created a
situation where it was fine for her to not work and to focus on the family. To
focus on child-rearing. And so to three years later come back and say,
"Yeah, that's unacceptable. You owe me," No. No. And so to anyone who
would be willing to contribute in that way, I would say if that's not
acceptable, don't do it. Just deal with the issues of custody, deal with the issues
of child support, get everything put down, memorialized in an agreement and
that's it. As opposed to having some kind of a side agreement understanding,
and then expect that what you agreed to in year one, in year three, you can
suddenly say that's no longer an agreement. I mean, granted in that situation
there is one thing that that gentleman could do. Stop contributing. But there
is evidence here.
(15:12):
So if she then reacts by racing to court, filing a divorce
action, what do you think she's going to say? She's going to say, "For the
last three years and even before that, while we were married, I was dependent
on my husband. I need financial support. Without that financial support I will
be in a bad predicament." And I believe the court more than likely will
understand that and will probably as long as there is an ability to pay,
remember, as it relates to alimony, child support is different. He will have,
if he's not the primary custodial parent, an obligation for child support.
Alimony or spousal support, that's a need-based analysis. Need versus ability
to pay. If he has an ability to pay, he may at least on a temporary basis, also
be asked to... an order to pay support, some alimony, because there is clear
evidence that this was a situation where he allowed for her to become dependent
financially on him, and the court's not going to allow him just to pull that
rug out from under her.
(16:25):
So to this person, I would be saying; look, if it's become
acrimonious, more than likely it's not going to get better. And if three years
in you're still not together, if you haven't reconciled and tried to work on
things, then you need to finalize some things, move forward with a divorce.
Deal with the issues of support and custody and parenting time and division of
property and whatever else needs to be handled. But this limbo that you're in,
it only works as long as it works. And clearly it's not working as well as it
once did and it's creating problems. So you definitely need to be looking to
finalize things and get things done.
(17:19):
So now let's talk about an issue of relocation. This
person writes, "Divorced with joint custody. I have to go to another state
for family health issues. Are there any time limits on how long I can
stay?" That's an interesting situation. Making some assumptions, obviously
it's not a lot of facts to go on, but that's okay. So here we have an
unfortunate situation. Family member in another state is dealing with a health
crisis. So there's a valid reason for wanting to leave with a child in this jurisdiction
and go because you want to be there for that other family member to help and
support. But the question is for how long? Here, going on these facts, it says
divorce with joint custody. If that means what I think it means, then the
parties enjoy equal or near equal rights. And therefore on the most basic
level, you have to understand if you do anything that interferes with the
court-ordered rights of the other party, it's a problem.
(18:49):
So if this is shared custody, and by that I mean some kind
of an equal custodial arrangement, 50/50 time or close to it, then you need to
understand that if you go to another state and the other party can't exercise
50/50 time, you're violating that person's court-ordered rights. So what is the
better thing to do? Here, it is communicate with this person. Communicate with
your ex, explain what's going on and hopefully he will understand, hopefully he
will do what needs to be done in terms of working with you so that you can go
to that other jurisdiction and help your family member. Talk with your ex and
come up with an alternative plan. Best-case scenario, I mean at the very least,
have it in writing because you don't want to just get a nod and then basically
you leave and the other party is like, "Oh no, no, no, hold on one second.
You're violating my rights, I'm taking you to court."
(20:14):
Have something that memorializes the understanding. And if
you think this is going to be weeks or months, then understand you may need to
modify. You may need to do something more formal, but it's not a great
situation that you're in, because not only are you potentially violating the
other party's rights, if they push back, they have other arguments that they
can make. For instance, if I represented the husband, the father in this case,
I could look and I could say to a judge, "Judge, we feel horrible. We know
that person. I know my client's ex's sister, and therefore obviously this is
terrible. We want nothing more than for her to get through this and get better.
It is wonderful that my client's ex wants to go there and help, but taking the
kids out of this jurisdiction for an extended period of time, we don't even
know how long, it's unnecessary. Because you're taking a child or children out
of their school, away from their friends, away from their activities, away from
the marital residence that they call home, taking them to an environment where
basically, I don't know what kind of hospice like environment this is. And then
at the same time it's taking them away from their father."
(21:59):
Why wouldn't the better situation, the better alternative
way of handling this be let them stay with dad, she can go and take care of
family and then when she returns, go back to normal. All right, we're going to
keep talking about relocation when we come back and hopefully give you some
additional information that we'll help you if you're dealing with these types
of issues.
(22:27):
Hey everyone, you're listening to our podcast, but you
have alternatives, you have choices, you can listen to us live also at 1:00 AM
on Monday morning on WSB.
Speaker 2 (22:38):
If you're enjoying the show, we would love it if you could
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Todd Orston (22:53):
Welcome back everyone to Divorce Team Radio. I'm Todd
Orston, your host and partner at the divorce and family law firm of Meriwether
& Tharp. If you want to read more about us, you can check us out online
atlantadivorceteam.com. And if you want to read a transcript of the show or go
back and listen to it again, you can find it divorceteamradio.com. And also if
you want to listen to the show live, you can listen at 1:00 A.M. on Monday
mornings on WSB. Today we're answering questions as a means of dealing with
common or relatively common family law and divorce issues, dealing with issues
of custody, parenting time, child support, alimony, division of property and
debt.
(23:35):
All right, so we are talking about these issues and using
people's actual questions and people's actual issues they're dealing with to
educate. So when we went to the break, we were talking about the ability to
leave the jurisdiction with a child for an extended period of time. Do you need
to do something more than just put the other party on notice? And the answer
is, yeah, you do. There are definitely some challenges here, as I was saying,
because you are interfering with an existing court order. And if there is joint
custody, truly joint custody meaning an order that basically allows for each
party to have equal rights, equal time, then you removing the child from the
jurisdiction is very obviously interfering.
(24:37):
So the long and the short is communicate, try to work
something out because if you just do it, you're probably going to be faced with
some kind of motion for contempt and/or motion to modify the existing order so
that... basically the other side's going to be asking that the court grant the
responsibility of primary custody to them while you're gone. So next question.
(25:10):
This person writes, "What are my rights?" And
this is similar, "My ex moved with our child over 50 miles away today
without telling me and we have 50/50 custody." They go on to say, "My
ex-wife moved over 50 miles away today with our daughter without telling me. We
have 50/50 custody. Can my ex do this or are they breaking the custody
agreement?" So I wanted to answer this because it digs even further down
in terms of relocation, the impact and things that you can or should do, things
you can and should not do.
(25:50):
So first of all, based on this, I'm assuming if there's an
order, then clearly it sounds like that person violated the terms of the
existing order. The agreement contains terms relating to custody and parenting
time. That agreement arguably is incorporated into the final order. Therefore,
those terms are part of a court order. And very standard terms include notice
that there is an obligation if you're going to move more than 50 miles away or
whatever the terms might be, that you put the other side on notice. The whole
point of notice is basically to allow parties to react. It's giving them time
if they don't feel that that move is in the best interest of the child, that
they can take steps before the move to basically get some help from a court, or
at least to memorialize a new agreement that can deal with that relocation and
the distance now between the other party, the non-moving party and the child.
(27:04):
So here, right off the bat, it sounds like there's a
contempt issue, but again, contempt, you need to show a specific violation of a
term of an existing order. So the way I would approach this as I always do is
you need to look at that order, see what it requires the parties to do, and if
the party that moved violated a specific term, then you have a contempt issue.
Secondary to that is the potential for a modification, meaning because that
party moved, does it open the door for you to say, "Well, that's
incredibly inconvenient and therefore I would like to throw my hat into the
ring and become the primary custodial parent."
(27:55):
Now when you say more than 50 miles, there's a big
difference between 51 miles and let's say 500+ miles or 1,000 miles. Somebody
moves from one town in Georgia to a neighboring town and yeah, it might be a
little bit more of a drive. Court is not going to be as angry or upset or moved
to make a material in significant change as opposed to a situation where
somebody packs up in the middle of the night and goes from Georgia to
California.
(28:29):
So it depends on where that party has moved in terms of
the modification. Might still be a contempt, but if the person has moved only
filing the contempt for the most part, all the court can do is sanction the
other party and sort of verbally slap their hand and say, "Shame on you.
You violated these terms. I'm going to sanction you financially,
otherwise..." But if they're not changing or modifying custody, well guess
what? The other party and your child is now living in California or wherever
they're living. But again, if the move is more local, then you may not have a
strong modification case. 10 more minutes, 15 minutes, 20 minutes more of
driving may not be and probably isn't enough to convince a judge to strip the
other party of some of their custodial rights. So it really is just going to
depend on what the facts and circumstances are.
(29:36):
All right, let's now switch away from this relocation
issue. Let's talk about somebody who entered into an agreement, maybe they're
not happy with the terms. Question is, can I get out of a divorce agreement?
They go on to say, "My ex-wife's boyfriend has moved in with her.
According to the divorce agreement, I pay for the mortgage plus utilities. He
has set up a corporation using this house address, my house. And at first they
wanted to marry, but that was about a year ago and they haven't gotten married
yet." All right, so really the best way to approach this is once again,
first of all you need to look at the terms of the agreement. As is often the
case with these types of questions, I want more. I want more facts, I want more
information. So can I get out of a divorce agreement?
(30:36):
All right, well what are the terms of the agreement? It's
going to come down to why are you making those payments? Now, if those payments
are part of equitable division, if that is how you are giving her an asset,
transferring an asset to her as opposed to if it is part of the alimony or
spousal support, very, very different. If the terms of the agreement are that
as part of the equitable division, she will get the house and he will continue
to make payments towards the house, that can't be modified.
(31:17):
But if this is really more part of an alimony obligation,
that can be, and that's something that an attorney you would want to explore
with an attorney. That gets tricky because then what you're doing is you're
basically saying to the court, thought they were going to get married, marriage
may have and probably would have impacted and affected my alimony obligation.
And it clearly appears she has moved somebody into that house. They are
together. "For God's sake, judge, he's using that address as the address
for his company and yet I'm still paying the mortgage. And that doesn't make
sense. Her need has clearly changed. She has at the very least a roommate that
if they aren't contributing should be." And so if this is born out of an
alimony obligation, then you may very well have a case to go back to court and
say, "She hasn't remarried, but she's cohabitating. And there is now
another person, a third party who if they are not contributing, should be
financially responsible, which should alleviate my responsibility."
(32:36):
"Why should I, in essence support this man? I
shouldn't." And you might have a relatively strong case, but these kinds
of cases again, can get tricky. Asking the court to modify an obligation like
an alimony obligation here, if you don't do it the right way, you're going to
lose. And once you lose, you're done. You don't have multiple shots at this. So
at the very least I'd be looking at this person saying, if you haven't already,
talk to an attorney. Dig in, provide some additional facts and information and
find out the best way to approach this and the best arguments you need to make
so that hopefully you can get the relief that you deserve. All right, when we
come back, more questions.
Speaker 2 (33:35):
I just wanted to let you know that if you ever wanted to
listen to the show live, you can listen at 1:00 A.M. on Monday mornings on WSB,
so you can always check us out there as well.
Todd Orston (33:46):
Better than counting sheep, I guess, right?
Speaker 2 (33:49):
That's right.
Todd Orston (33:49):
You can turn on the show and we'll help you fall asleep.
Speaker 2 (33:53):
There you go.
Todd Orston (33:53):
I'll talk very softly.
(33:59):
Welcome back everyone to Divorce Team Radio, a show
sponsored by the Divorce and family law firm of Meriwether & Tharp. If you
want to read more about us, you can always check us out online at
atlantadevorsteam.com. And if you want to read a transcript of the show, go
back and listen to it again or listen to other shows, you can find it at
divorceteamradio.com. So we're talking about people's legal questions and using
those questions as a tool to educate about the law. And let's keep going. We
were just talking about in essence, alimony modification and whether moving
someone into a house, letting them claim the address as their company address,
whether that might open the door to an alimony modification.
(34:48):
And my answer is, depending on some of the other facts,
very well might open that door, as long as there wasn't what we call
non-modification language in the agreement where it basically says, I don't
care what happens, remarriage, whatever you can't modify. Then the door
hopefully and likely is open to try and modify, but it's tricky and you
probably want some help doing that. So how about a question regarding a child
support arrearage?
(35:19):
"Do I have to pay child support arrears?" This
is unfortunate. All right? This person goes on to say, "Divorced in 2010,
ordered to pay child support. After a couple months, ex-wife and I decided I
wouldn't have to pay if we did everything 50/50. And so we split the kids
bills, everything 50/50, even lived next door to each other for a couple of
years. 2020, I moved away and the children moved with me. I paid for everything
and never asked her for child support." Well, here's what isn't a surprise
to me. Goes on to say, "I received a letter from her that she wants her
back child support in the amount of over $150,000. Do I have to pay her? What
do I do? All right, let me start with a cautionary statement. What this person
did, don't do. Ever. Never, ever, never, ever, ever, ever. A verbal
understanding means nothing when there is a court order.
(36:40):
And so, the fact that you reached an agreement, well, my
lawyer hat is on, and I'm going to talk like a lawyer and say that agreement
meant nothing. That verbal agreement didn't mean anything. Now I'm not saying
it's all doom and gloom. There might be some things that you can do here. But
it is going to take a lot of painstaking work. So first and foremost, I will
repeat, if you come to some kind of an understanding, and the terms of that
understanding go against the terms of an existing court order, you can't stop
with a handshake. At that point, you need to say to that party, "Okay,
listen, how about I pay 50 50, I do X, Y, z. Is that going to be good for
you?" "Yeah, that's good for me."
(37:43):
"Okay, I'm going to have an attorney or I myself am
going to prepare a petition to modify. We're going to put this and memorialize
this into a new modification agreement, submit it to the court, boom. And we're
done. And we'll go on based on those terms and I'll do my 50/50 part, you'll do
yours and great, fantastic, high five, we are a team." That's how you
handle it. And on top of that, you have to understand when there is an
arrearage, people don't understand that interest is accruing. I have seen
people where five years, 10 years, 15, 20 years later, someone is knocking on
their door saying, "I'm taking you court to get some back money."
(38:36):
And guess what? There are some limitations based on how
long people wait to try and enforce an order. I've gone into it before, I'm not
going to go into it here, but understand that not only will you owe the back
support, but on top of that, interest has been accruing and I have seen
people's amounts double or triple because so many years have gone by, they
haven't made payments. And what would've been $20,000, because it's been 10
years, could be double that.
(39:14):
So you have to take this seriously. So here,
unfortunately, you had an obligation pursuant to court order, to pay child
support. You failed to comply with the court order and therefore technically
you owe all of that back support. Now, are there some mitigating circumstances
here? Are there some arguments you might be able to make that you in essence
did make the payments that she agreed to accept those payments in a different
form and fashion by you making certain other payments and paying things directly,
let's say? Yes. And that's going to be... and I'm not saying this is a win for
you, meaning I'm not saying it's a definite win, but you might be able to show
the court that she did benefit from those things and it's going to be an
accounting game. At that point, you need to show everything that you have paid
over those years. You have to show that instead of paying whatever it was...
just using a fake number, instead of paying $1,000 of child support per month,
you made direct payments that otherwise you wouldn't have had to have paid.
(40:39):
So instead of $1,000 check to the former spouse, you ended
up paying 1,500, 1700 whatever of direct expenses so that you can potentially
argue to the court Judge, "I did pay child support. It just came not in
the form of a check direct to her, but I took on some additional
responsibilities and our agreement, which is memorialized maybe hopefully, in
something in email or letter form or whatever, this was something we agreed on.
I relied on that agreement. And granted, I should have come to court, I should
have modified formally, but I definitely should not be obligated to pay
150,000. That would be unjust."
(41:33):
Difficult argument. So if anybody who is listening has a
situation where they are bound by terms of an existing court order and the
other party looks at you and is like, "Hey, don't worry. Right? Listen, I
know we had our issues, but don't worry, just pay me when you can. Okay?"
Yeah, don't. I'm not saying they're lying, but I can tell you right now, more
often than not what somebody offers during a period of calm, the minute they
get angry, one of the first things they do is they go back on their word and they
say, "Hey, yeah, you owe me this money." "But you know I lost my
job, but you know that something happened and I had health issues or I had
whatever. And you said, don't worry. So I stopped worrying and now you're going
to come after me not only for that amount, but interest on top of it?" And
guess what? You're going to be bound and you're going to have to pay.
(42:38):
And whether the court says lump sum, pay it all
immediately or gives you some time to pay it off, I mean, I can tell you right
now, this isn't my situation and my heart skipped a couple of beats when I saw
that number. 150,000? That's a lot of money. So be very, very careful.
(42:59):
We have time for one more. Very quickly, "Can my
child's father keep my car because he kept it in his name. I've been with my
children's father for 11 years." Here's the important part. "We are
not married. My children's father's kicked us out. He's keeping my car because
it's in his name. We have a two-year-old son and a 10-year-old boy. I have no
other vehicle. Is there anything I can do to keep my car?" Marriage is the
game changer. If you're not married, then title means everything. If you're
married, title means nothing. So the long and the short is unfortunately, this
person, I would have to look at them and say, "You're in a bad situation
because if the car is titled his name, then there isn't much you can do because
it's his property."
(44:01):
Had you been married, then it would be marital property. I
don't care about title. I don't care if the house is in his name. I don't care
if the car is in his name. Anything obtained during the marriage, it's marital
property. So somebody might say, "Well, what do I do in that
situation?" You look at him at the time the car is obtained and you say,
"Hey, can we put that in my name?" And if they're like, "No,
let's just keep..." well, then that's a warning belt, right? You should at
least be somewhat concerned about that, because this is what could happen. You
could find yourself without a car.
(44:42):
All right, that's all the time we have for today's show.
Hopefully these questions and the answers help. Thanks so much for listening.