Can I sell my "husbands" things to cover his child support???

Question

We live in California.

My "husband" and I have been separated for 6 months. He's fought the divorce every step of the way -- not cooperating with anything including the discovery portions that concern our property. He even fired his own attorney 4 months ago. Our divorce should have been finalized on the 11th of this month.

Despite this, he refuses to take some of his remaining things (golf clubs, sports memorabilia, etc), stating that until the property settlement is done, he can't take them -- even though I haven't asked to keep them and they are currently sitting boxed up on my front porch.

He also owes over $5,000 in child support and refuses to get a job. My question is:

Can I sell his golf clubs and sports things and apply the money towards the child support he owes?

I've put a call in to my lawyer, but it's Saturday, so I won't know until Monday at the earliest.

I'm just really curious if this would be allowed.

Answer 1

allowed? no, but i know of MANY mommys who had HUGE yardsales to help pay the electric.

they're your golf clubs, right? LOL

learn your states laws, for each is slightly different. learn them ALL, its your best armor.
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well the honor system doesnt work, thats been proven. its also why the state and federal government passed stronger laws for child support; they are TIRED of people not paying for their children.

the arrears still keep adding up.

1) call your caseworker and ask:
--request an enforcement hearing.
--where you apply for interest on the arrears?
--was the case submitted for tax refund intercept?
--was the arrears reported to the credit reporting agencies yet?
--ask why they have not taken his drivers license away yet?
--ask why they have not put liens on his bank accounts yet?
--ask why there has not been a warrant issued yet?

2) sit down and write a letter. in it, give your contact info, case number, his info, arrears amount, the problem and ask them what they are doing about it.

keep the letter short, its more effective that way.

then take that ONE letter and FAX it to the following:
a) your states Attorney General (link is below)
b) your states Governor (link is below)
c) your states Regional FEDERAL Child Support Office (link is below)

phone calls are useless; they are ignored, denied and forgotten. mail ends up on someones "to do" pile, but FAXES are effective. its proof you sent it and proof they recieved it, therefor, they HAVE to address it. if you cant find a fax number (most are listed online) then just call them and ask for it.

if you hear nothing in a week, fax them again. fax them weekly if need be. its the squeaky wheel that gets the oil, if ya know what i mean. WHO CARES if you miff ‘em off, just keep at them until the problem is addressed.

3) Report his azz to the IRS (in writing), for he’s supporting himself, somehow. Tell them you strongly suspect him working under the table to avoid a child support order.

4) Report his azz to the Social Security Office if he’s been using others SS#.

4) post his DEADBEAT FACE ON A DEADBEAT SITE ONLINE.

some links for you; just click on your state and find the subject you need.



DEADBEATS
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.angelfire.com/creep/deadbeatparentssuck/
http://www.deadbeatjustice.com/list.htm
www.goodparentspay.com

INTERSTATE CASES
http://library.findlaw.com/1999/Jan/1/241468.html
http://www.policyalmanac.org/social_welfare/archive/child_support_02.shtml
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://www.ericsa.org/
LONG ARM ACT (UIFSA) for INTERSTATE
http://www.ncsea.org/content.asp?contentid=614
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://family.findlaw.com/child-support/support-basics/support-glossary.html
http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm
http://www.ancpr.org/uifsa_definitions_and_provisions.htm

CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/

YOUR STATES CS POLICY
http://childsupportcenter.org/stateprofiles.php

ABANDONMENT (NO SHOW PARENTS)
http://www.alllaw.com/articles/family/

NOT ALL PARENTS LOVE THEIR CHILDREN
And "RATIONAL LIES"
http://www.alllaw.com/articles/family/child_custody/article7.asp

FREE LEGAL HELP IN YOUR STATE
(just click on your state to find contact info)
http://www.lawhelp.org/

LAWS and INFO
http://www.delinquentdad.com/csr.htm
http://www.womansdivorce.com/
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://law.onecle.com/new-jersey/ (change the state to yours)
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-support-info.html
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
(and background cks to find them)
http://www.usarecordssearch.com/
http://www.zabasearch.com/
http://deadbeatsnitch.com/
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://omnitrace.com/Missing-Persons-Search.html?OVRAW=deadbeat&OVKEY=deadbeat&OVMTC=standard
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.peoplefinders.com
http://zabasearch.com/
http://www.crimcheck.com/personalreports.htm
http://www.easybackgroundchecks.com/
http://www.abika.com/
http://www.freeprf.com/
http://www.efindoutthetruth.com/
http://www.netsleuth.com/
http://netonlineinvestigators.com/index.asp
http://www.backgroundcheckgateway.com/
http://www.backgroundcheckgateway.com/locate-people.html

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND DISABILITY
FOR CHILD SUPPORT
https://s044a90.ssa.gov/apps6z/ISBA/main.html
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php
http://judiciary.senate.gov/

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/
COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.irs.gov/publications/p501/index.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS (AND EMPLOYERS)
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

REPORT A DEADBEAT USING OTHERS
SS# TO AVOID CHILD SUPPORT or FILING TAXES
WITH OTHERS SS#
http://www.irs.gov/faqs/faq1-13.html
http://www.ssa.gov/oig/public_fraud_reporting/
http://www.ssa.gov/oig/hotline/

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

I think it depends upon how a lot the court docket-ordered aid is, and what sort of his spouse makes. Things like physical activities expenditures are further, however toys and garments are NOT. My boyfriend has to pay $550 a month of youngster aid, and $three hundred a month for "unique bills", that's what youngster care expenditures are viewed in Ontario. So, his ex-spouse will get $850 a month for one two a million/two 12 months ancient, and she or he makes over $70,000. If, in keeping with Canadian legislation, the mom and dad financially aid the youngster similarly, then a two 12 months ancient expenditures $1700 a month. I do not purchase that in any respect, however that is the legislation. I do not brain that he has to pay, however I am completely satisfied his ex has the well feel to not ask for cash for garments and toys while she's already getting a ton of aid. I do want, nevertheless, that there was once a few type of accounting for a way aid cash is spent. I doubt that each and every custodial father or mother spends it how they're meant to...

Answer 3

Short answer: No.

Constitutional right to due process would forbid this, so not even a court can sell his items if he is not given a fair hearing. You can only legally sell items to which you have title. If you sold the items, he would be entitled to half of whatever you got if they are considered marital property. While he would have to give this to you anyway, it would look bad to the judge who will have to sort the whole mess out in the end. You should protect the items. If he wants them and they are considered marital property, they will offset other property that may be of more value to you such as houses and cars. If something happened to them, he could sue you for conversion if they are his and not marital property. Even still, you are not allowed to let marital property go to waste during divorce proceedings. You would have to compensate for such items and relinquish your rights to them.

We had a case in Family Law class about an NFL football player who cheated on his wife and gave up on his season contract to take care of his cancer fighting girlfriend. The court found him at fault and treated this as a disapation of marital assets and awarded the wife a portion of what the contract would have been worth had he not quit the NY Jets. The wife later had a TV show with her daughter called "The Gastineau Girls". Don't ask your attorney about the Gastineau case, you could get billed for the time, heh.

Answer 4

The crap has been hanging around for six months. Don't do anything for the next 48 hours and hear back from the atty. But most likely you need court permission first.

Answer 5

I'd be having a yard sale tomorrow. If you need the money for the kids, then why wait for him to collect all the toys he doesn't seem to need or miss all that much.

Answer 6

Sell them girl and feed your children. What is he going to do? He cant even prove they were there .