Is there any law against a defendant's delaying his trial date? My father owes my mother a lot in arrearages.

Question

He knows that my mother will run out of money in a few months, and then the house he should be paying for will foreclose! No house - no mortgage payments for him. He has already cheated her and his own children out of everything they will ever own, and now he intends to have us living on the street, because he can! What can I sue him for?

Also, he bought a car for my sister years ago, but after the protective order, he took it back. It was legally in his name to save on insurance. Is this larceny?

My mother already has a lawyer, is seeking a better lawyer, has a job, and lives in a state that punishes his financial crime...I am asking about a law that I have not found yet. If anyone knows something about Virginia laws, and intentional, strategic delays made by the guilty party, please help.

Answer 1

I expect that If the car was in his name, that means that he owned it and thus could do with it as he pleased.

As to the rest of your question: your mom really should seek advice from an attorney familiar with the laws of the jurisdiction in which you live. Free legal advice from distant strangers on the internet who may not know the laws and procedures of your jurisdiction may be worse than useless; it could be harmful!

Answer 2

If your mother doesn't have a lawyer, tell her to get one ASAP. It'll be the best money she ever spends, even if she has to take out a second mortgage to hire one. Plus, she might be able to force him to pay her fees (depends on your state's law) on the back end.

What about temporary support pending trial? Has your mother asked for it? If so, there might to be some reason why it was (apparently) denied by the judge. Barring temporary support, she really does need to make sure she's gainfully employed.

Foreclosures are actually quite rare, because they're bad for everybody involved. They're bad for the borrower (obviously), and if your father's name is on the mortgage, his credit gets ruined. Plus, he's going to look really bad in front of the judge for allowing a marital asset, i.e., the marital home, to be compromised during the pendency of divorce proceedings. Foreclosures are also bad for the bank, because it almost always winds up losing money.

So . . . if your dad won't cough up for the mortgage (and save his own credit, and his credibility with the judge), your mom's first step should be to pick up the phone and CALL the lender. A lot of the time, they'll work with you, because they really, really don't want to foreclose. Maybe she can refinance (though she will need to be careful - could wind up losing money), or convert (temporarily) to interest-only payments. Whatever, she just needs to get out in front of this thing now, rather than when the money runs out.

As far as the car goes, if his name is on the title, it's his car, and he can do whatever he wants with it. That is, unless he sold or gave it to your sister, and she can prove that. Sorry.

Answer 3

I hear you are in a lot of pain, a lot. I know you are angry beyond belief at this man, but please, just hear me out. My children and I found ourselves in the same place when my then husband was found with someone else and then threw the family away with more regard than a paper cup.

Here comes the hard part, but the good healing part, your mom has to try to keep some of this stuff to herself or at least share it with another adult or an attny., but not you...it isn't fair. It is hard enough with a family exploding without the children having to carry the pain, the anguish, the anger...fact is, your dad is still your dad and no matter what, he will always love you. Sweet one, try not to take sides and be supportive that things will work out and it does take time.

Money and things are just something that gets in the way of communication, because everyone wants to point a finger and blame. If you can find it in your heart, try to step back from the he said, she said part of things and love them both and wish for both of them to find their happy ending.

Now, about the house, your mom needs to get out and get a job if she wants to save her house; she can get a roomate to rent one of the rooms and that will help, but she can't sit feeling sorry for herself or that dad owes her something, because she will find herself out of her home. If she did lose the house, that wouldn't be the end of the world, in fact, maybe she should sell it and make a fresh start. But, she needs to take back her power and stand up, find out who she is again and get strong. She will be amazed at the person that is still in there that had all those talents and dreams, but seem to lose them along the way; she can do and you can be there to cheer her on! She got the best part of things, she got you!!

I just want to assure you that this isn't something you should have to be sick about, it happens every day and the only thing that you have any control over is you.

Quit flailing your arms and trust.

I send you sincere hugs to comfort you, and prayers for God to heal your lives and hearts.