I'm hoping that someone has some experience and can offer insight.
I have a family mmber going through a divorce, their soon to be ex-wife is just a nightmare. She's been diagnosed as having a border line personality disorder & Multiple personalities (seriosuly), has abandoned her kids, and has been having an affair with a Dr. she works with (on a seperate topic, she's not an attractive woman and that makes this all the more puzzling) and has tried committing suicide (well, she took aspirin and called a bunch of people, twice).
At any rate, shes trying to get alimony, does not want to pay child support wants to take my brothers retirement accounts as well as stick him with all of her attorneys fees. Essentially, she wants to drop all her resposnibilities, take my brothers to the cleaners and receive alimony checks.
Does anyone have any idea of what type of outcome he can expect? Until about 6 mo.s ago, she used to make more than him and now she dropped her work to two days a week.
2006-11-27 05:32:49 · 12 answers · asked by ? 4 in Family & Relationships ➔ Marriage & Divorce
I am not sure, however, I believe that since she has worked and was working full time and supporting herself. Then all of a sudden dropped her hours. This is not going to fly in court as far as her getting alimony. And she abandoned her children, this is really going to be frowned upon in the courts. She will be court ordered to pay child support being the absent parent. And they will not care how she pays it she will have to add hours to her job. What a piece of work. Hire a good attorney. Good luck and God bless****
2006-11-27 05:43:20 · answer #1 · answered by ? 7 · 0⤊ 0⤋
There's really nothing your brother can do about the retirement accounts, unless they can come to an agreement.
Alimony - most states you have to prove that the person is incapable of finding gainful employment. This is only typically applicable when a couple has been married for many years and the wife (for instance) has been out of the job market for a long time due to being a stay at home mom. If your brother is extremely wealthy, she has a better shot it; but since she is currently working, it's highly unlikely she will get alimony.
As far as child support - if your brother gets custody of the kids, she will have to pay; he can garnish her wages if necessary. However - this is just my opinion please don't get psychotic everyone - but if she has as many mental problems as you say, maybe your brother should forgo getting child support in exchange for her not having access to the children and thus possibly putting them in harms way.
Good luck to your brother and family - I wish them all the best.
2006-11-27 05:40:28 · answer #2 · answered by Monica711 2 · 0⤊ 0⤋
It will depend upon which states they have resided in over the last 6 months of their marriage. Laws very state to state. Sorry no way to answer this question without knowing that. I live in California, which is a no fault state. Also, in CA, everything is split down the middle, assets and debts. If she is seeking alimony and had the larger income during the course of the marriage, she probably won't get it. He would probably get it. Depending upon the percentage of time the kids are with either parent is how they determine who gets to pay child support and how much. But once again, it doesn't ALWAYS work out fairly. I know someone who has the kids 90% of the time but has to pay the other parent child support for the 10% of the time the child is with them. It sucks I know but it will depend upon the state they are in and what happens in court. i would advise your family member to get a good attorney. They are gonna need it BIG TIME!
For the sake of the children, he ought to seek full custody of his children and try to get the mother to seek professional help.
2006-11-27 05:47:52 · answer #3 · answered by PisceKween 2 · 0⤊ 0⤋
Hi Paul, I am going through a divorce. i had a husband who liked to hit and yell all the time.But that's another story. If you life in the state of california and they have been marry at least 10 years, that nut is going to get half of his retirement.Since she is a fruit cake he will have to pay alimony,and she will probably won't have to pay child support.They may have to pay their own attorney fees. I know i had to. It depends on what judge you get. Anyway, your brother is screw and screw again.
Clowmy
2006-11-27 05:43:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Suggests he finds a damn good family lawyer. I am not up on US law but over here in the UK he could probably take her to the cleaners.
2006-11-27 05:36:11 · answer #5 · answered by lollipoppett2005 6 · 0⤊ 0⤋
It varies by State, the laws are available at your library, however the Judge or "Master" that hears the case has much leeway due to her disability.
2006-11-27 05:37:24 · answer #6 · answered by Mike M. 5 · 0⤊ 0⤋
He needs to hire an attorney and one that will not be afraid to battle it out with his soon to be ex.
2006-11-27 05:39:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no offence but this is the most wierd case I ever heard about your family member should get serious help and divorce should wait.
2006-11-27 05:37:27 · answer #8 · answered by ThE oNe FoR aLl 2 · 0⤊ 0⤋
she needs help first, not a divorce. And if that doesnt work, then divorce her. I know from experience
2006-11-27 05:57:27 · answer #9 · answered by olzap 1 · 0⤊ 0⤋
Women take the bank and men take the debt. ALWAYS!
2006-11-27 05:35:14 · answer #10 · answered by BORED AT WORK 5 · 0⤊ 1⤋