Brenda Stacey’s Answers

Brenda Stacey

Arnold Divorce / Separation Lawyer.

Contributor Level 5
  1. Can trustee use tax returns to pay creditors in chapter 7?

    Answered over 1 year ago.

    1. Megan Dyanna Dennis
    2. Carl H Starrett II
    3. Brenda Stacey
    4. David Samuel Shevitz
    5. Dorothy G Bunce
    6. ···
    10 lawyer answers

    A trustee may "take" any asset that is not exempt, including your tax refund. Typically, the refund would have been listed on your Schedule B (personal property) and then exempted on Schedule C. If you filed the bankruptcy without an attorney, you should probably contact one. If you were represented by an attorney, contact your attorney to discuss your refund. Either way, though, DO NOT SPEND THE REFUND until the trustee abandons the asset.

    2 lawyers agreed with this answer

  2. My wife told me to leave and find my own place. Can i take stuff out of the house when she isnt home?

    Answered over 1 year ago.

    1. Brenda Stacey
    1 lawyer answer

    This is a difficult question to answer without more facts, such as how long you have been married and if the property (both real and personal) is marital or separate. To protect your interests, you need to contact an attorney quickly -- preferably prior to moving out.

    2 lawyers agreed with this answer

  3. Can my ex wife make me pay child support if she files for state assistance

    Answered over 1 year ago.

    1. Brenda Stacey
    1 lawyer answer

    When a parent applies for state assistance, they assign their rights to collect child support to the state. If there are no existing orders regarding child support, then the state may try to proceed with establishing a support order. When orders regarding child support have already been entered, the state should not be able to seek support above what is already ordered by the divorce court, even if the order indicates no child support shall be paid. (At some time in the future, either the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Is there such a law , that your spouse gets half of your salary for good after been married for 10 y then divorced ?

    Answered over 1 year ago.

    1. Brenda Stacey
    2. Catherine Earnshaw-Hobbs
    2 lawyer answers

    In Missouri, there is no specific length of time for a marriage before maintenance may be ordered. Additionally, there is no specific portion of your salary that is required. Each maintenance case will look to the marriage as well as the salaries of both parties and the marital assets. You may be confusing maintenance with Social Security benefits. Spouses may collect social security based upon their former spouse if the parties were married for at least ten years. You need to consult...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Is there such a thing as law here in America, that your spouse gets half of your salary for good after been married for 10 y?

    Answered over 1 year ago.

    1. Brenda Stacey
    1 lawyer answer

    It appears that you are asking this question for Missouri. In Missouri, there is not any specified period of time that you must be married for one spouse to qualify for maintenance, and no specified percentage of your salary. Under Social Security, if you are married for at least 10 years, then spouses may receive some benefits at or after retirement. This may be why you're thinking that 10 years is an important length of the marriage. You should find an attorney in your area who will...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Tenants by entirety and chapter 7 bankruptcy.

    Answered over 1 year ago.

    1. Gary D. Bollinger
    2. Brenda Stacey
    3. Dorothy G Bunce
    4. Ahren Ananda Tiller
    4 lawyer answers

    Some of the funds may be out of the trustee's reach. Contact an attorney in your area to find out what possible protections you have. Most give free consultations, so have nothing to lose by asking an attorney that practices regularly in the Eastern District of Missouri. If you would like a referral, please feel free to contact my office at 636.642.1166

    1 lawyer agreed with this answer

  7. My wife is wanting a non contested divorce and I am trying to see what I can do and how to handle my situation?

    Answered over 1 year ago.

    1. Ronald Jay Eisenberg
    2. Brenda Stacey
    3. Matthew Thomas Majeski
    4. Josh P Tolin
    4 lawyer answers

    Locking her out will guarantee you won't have an "uncontested" divorce. You also look like a jerk who pushed her out. Like the others have said, go talk to an attorney quickly - the money you spend now will save you tons of future attorney fees that will result from a litigated divorce and custody case.

    1 lawyer agreed with this answer

  8. Husband wanted me to get my tubes tied. I did thinking we'd be together but 2 months later he gets his girlfriend pregnant.

    Answered over 1 year ago.

    1. Brenda Stacey
    1 lawyer answer

    This isn't really a divorce question, but a tort/injury claim. As a family law attorney, I cannot think of a cause of action for an independent suit for damages. However, there may be some remedies available in the divorce, You need to contact an attorney in your area to discuss your possible outcomes -- the sooner the better.

    1 lawyer agreed with this answer

  9. Can we spend exempt portion of tax return?

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Mikalah Liviakis
    3. Megan Dyanna Dennis
    4. Brenda Stacey
    5. Diane L Gruber
    6. ···
    6 lawyer answers

    You have to wait to spend the exempt amount because once you filed the bankruptcy, the refund amounts became property of the bankruptcy estate. To properly address your question further, additional facts would be required such as the date of filing, the date of your 341 meeting, and whether there was other non-exempt property. You are assuming that the trustee has received the return that was provided to your attorney, and you are assuming the trustee is not objecting to your exemptions...

    1 lawyer agreed with this answer

  10. Are royalties passed down from the parents to the children via contract considered income to me in my divorce.

    Answered over 1 year ago.

    1. Brenda Stacey
    2. Benicia A. Baker-Livorsi
    2 lawyer answers

    In Missouri, income is marital property whether that is income generated from a separate asset or marital asset. For example, if Wife owns property prior to marriage, and the property is rented during the marriage, the rental income is marital. Here, your spouse will likely argue that the royalties are therefore marital. However, there may be an argument that the royalties are not income but are actually an ongoing disbursement of inheritance. This will require further legal research by...

    1 lawyer agreed with this answer