I am separated from volatile husband. He has moved out to his parents expensive private condominium. The thing is he has a fancy car and spends a lot of money, but his father has all the money to pay the bills, car lease, is on title for our loan for our home, and even took all the money from a house we all shared for over 20 years. What can I do in a divorce proceeding, all husband has is mostly debt. His father has the money that he'll write checks to deposit it into my husband's accounts, but otherwise all the money is the father's in order to bypass our legal system as insurance/protection in the case of a divorce. Franky, they play funny games when it comes to their finances/taxes,etc. am I entitled to the father's money? What can I do??
If you husband receives money regularly from his father, then that could be considered income. Any items then acquired with this income would be CP. No you aren't entitled to fathers money but you could get a spousal support order based upon the income the son received. What about tax returns? What do these state as to your's and your husbands income? What expenses did you have? You need the assistance of an attorney and if your H had funds, regardless of the source to pay for his own attorney, then that source could also be considered to pay for your attorney fees. Seek legal assistance and try to get an initial consultation on this matter immediately.
This is a complex question that requires detailed legal consultation, strong representation and review of existing evidence. If you can show that there have been and contine to be repeated gifts of money, and show the amount via bank statements, credit cards and the like through admissible evidence, one may be able to argue that those gifts should be considered income available for support or that imputiation of the monthly value is appropriate, assuming certain legal elements can be met.
The information and material are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
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