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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13137
Experience:  B.A.; M.B.A.; J.D.
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Separation of Domestic Partnership,

Customer Question

I am currently involved in a separation of domestic partnership, in the state of Alaska. The things to be decided upon include my daughter, personal belongings, and a business which is 60% mine, 40% hers. The business is no longer doing business. The state has filed an involuntarily dissolution for the business due to non-compliance as it has been that way since inception. My ex was the treasurer/secretary who took a lot of pay for work that was never done. Since our split she has cleaned out the company accounts to the negative, not paid the bills, damaged company property, not paid the quarterly taxes to the IRS, threatened to get me in trouble with the IRS, tried to extort money that does not exist and injured herself at the shop. When I closed the accounts she did not allow me to see my daughter for a month, and tried to get me locked out of the business building were I would not have access to the equipment to finish the remaining jobs on the books. The equipment was moved to a job site, and I have subsequentlly completed all outstanding work. Somehow when she was at the shop alone, a pipe came in contact with her head, which was followed with a trip to the ER were the doctors told her that it was just a scratch and that she did not need stitches. She then filed a false police report of DV with the Alaska State Troopers, and petitioned the court for a restraining order, which was denied. She is now pursuing a long term restraining order. I have recently gotten to spend a couple of evenings with my daughter when my ex needs a babysitter. I have paid $500/mo child support since we split, the actual amount owed has not yet been established. I have no regular schedule with my daughter, I cannot get any of my personal belongings out of the yard without the threat of DV, and my business is unworkable. My hands are tied every which way. My questions are: Does she need to be laid-off, fired, or maybe an acceptance letter of her resignation? I am concerned that she will try to sue for lost wages, or any kind of money that she can get her hands on for some other reason. I need to work. A friend of mine is starting a business in my trade so that I can work. Is there anything wrong with that? Please advise on this scenario.

Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Could you clarify?

I thought that you said that your business had involuntarily been dissolved by the state?

If so, what business would you be laying her off or firing her from?
Customer: replied 1 year ago.

I have not received any wages/salary in months. Using all the money to pay company outstanding debt, and rent on the shop until it is decided what happens to what.


 


I forgot to mention that she collected money for jobs that never were deposited into the accounts that she cleaned out.

Expert:  Phillips Esq. replied 1 year ago.

Thank you. However, I still need answer to my questions:



Could you clarify?

I thought that you said that your business had involuntarily been dissolved by the state?

If so, what business would you be laying her off or firing her from?

Customer: replied 1 year ago.

Sorry typed it up once do not know where it went. The business is in the process of being involuntarily dissolved, should be complete the end of April, beginning of May.


The state sent the notice out in February, and I inadvertantly found out about it this past Thursday when I had called to check on my business license.


 


I do not get the company mail my ex does, and I do not know how to get access it to the majority of paperwork.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information and for your cooperation.




My questions are: Does she need to be laid-off, fired, or maybe an acceptance letter of her resignation? I am concerned that she will try to sue for lost wages, or any kind of money that she can get her hands on for some other reason. I need to work.




Response 1
: The prudent thing to do is NOTHING. Since the business is going to be dissolved in April or May, there is no need to lay her off, fire her, or have her sign letter of resignation. However, if she has locked you out of the business and is now using threat of Domestic Violence Restraining Order against you, you need to file complaint with the Court to force her to account for company's assets that she has disposed off without your knowledge and consent. If you do not want to file a lawsuit, then you would need to let it go.



A friend of mine is starting a business in my trade so that I can work. Is there anything wrong with that? Please advise on this scenario.




Response 2: There is nothing wrong with that. If she has locked you out of the business and the business is being shut down anyway by the State for non-compliance, then you have every right to look for business opportunity elsewhere.


Finally as for your child, if she is not allowing you reasonable access to your child, you may consider filling Complaint for Custody and Visitation and ask the Court to give you joint legal custody and reasonable visitation. Legal custody does not mean that you would be the custodial parent, who the child would live with it. Legal custody only means that you and your ex would be making decisions on how your child is raised, her schools, doctors, etc.



In a custody and visitation case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody and visitation dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that it would be in the best interest of your child for you to have legal custody and reasonable visitation, the Court would grant your request. Otherwise, the Court would not. So, it is very important that you tell the Court any and all reasons why you should be given legal custody and reasonable visitation. Remember that the Court can only make decision based on the evidence presented to the Court.





Click on the link below for Alaska custody and visitation forms and instructions:




http://courts.alaska.gov/selfhelp.htm

Customer: replied 1 year ago.


It is not yet certain that the company will continue to be out of compliance. Apparently the paperwork was filed incorrectly in January, and is yet to be seen whether or not my ex will send in the corrected paperwork. Per chance it becomes in compliance, and I have to voluntarily dissolve it...does that change the laid-off, fired, resignation scenario?


 


If it does come into compliance, what would I have to do to dissolve it? As 60% owner of this S corp., it states that there must be a signed copy of all the shareholders concent to dissolve it. How do I resolve this if she doesn't concent?

Expert:  Phillips Esq. replied 1 year ago.

It is not yet certain that the company will continue to be out of compliance. Apparently the paperwork was filed incorrectly in January, and is yet to be seen whether or not my ex will send in the corrected paperwork. Per chance it becomes in compliance, and I have to voluntarily dissolve it...does that change the laid-off, fired, resignation scenario?

Response 1: No, it does not.

If it does come into compliance, what would I have to do to dissolve it?

Response 2: You need to follow the specific procedure set out by your Department of Commerce, Community, and Economic Development for dissolving a domestic partnership. This would entail filing Certificate of Cancellation or Statement of Cancellation form with the consent of all the parties. Click under your type of domestic partnership to download Certificate of Cancellation or Statement of Cancellation form:

http://www.commerce.state.ak.us/occ/corp_formsfees.html

As 60% owner of this S corp., it states that there must be a signed copy of all the shareholders concent to dissolve it. How do I resolve this if she doesn't concent?

Response 3: You would need to file a lawsuit against her to force her consent, unfortunately.

 

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13137
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi there Mr. Phillip,

I am writing with a questions pertaining to my original questions about what to do with an ex who has found herself entitled to monies that do not exist. I continue to receive no time with my daughter. It is always something.....the time, the place of exchange, the fact that she demands an address that I will not give (as a result of all her accusations of DV for getting injured while alone, etc....)for an afternoon with my daughter whether or not I will be there. I had asked what would be best involving the business scenario.....she is now suing for the highest child support allowed in the state of Alaska (not sure what that is), back wages for a company that is no more, lawyers wages, please advise. You had previously advised that the prudent thing was to do nothing regarding her employment/ownership. The company has now been involuntarily dissolved by the state of Alaska effective: June 12, 2013


 

Expert:  Phillips Esq. replied 1 year ago.
I am sorry to read that you are still having problems with your ex. I have carefully reviewed your follow-up post. However, I did not see a specific question. What is your question?
Customer: replied 1 year ago.


Not sure if you received what I typed up earlier? My question is what leg does she have to stand on? The business is out.....due to expert bookkeeping skills, cleaning out the accounts, and the hostile environment that she has created. She thinks that I owe her a back salary, maximum child support, spousal support, lawyer fees (she consulted a lawyer a year before kicking me out and changing the locks), her affidavit states that I "left," I do not remember choosing to sleep in a shed, a short bus, camping, seasonal cabin, moving repeatedly and relying on friends and family to keep me during this transitional stage. She is stating that she needs more money to afford living in the house that I paid for etc., I have nothing of what I spent the past 18 years accumulating. I am having to reinvent my whole life. What do I owe her?

Expert:  Phillips Esq. replied 1 year ago.

Not sure if you received what I typed up earlier?


Response 1
: Unfortunately, I did not.


My question is what leg does she have to stand on? The business is out.....due to expert bookkeeping skills, cleaning out the accounts, and the hostile environment that she has created. She thinks that I owe her a back salary, maximum child support, spousal support, lawyer fees (she consulted a lawyer a year before kicking me out and changing the locks), her affidavit states that I "left," I do not remember choosing to sleep in a shed, a short bus, camping, seasonal cabin, moving repeatedly and relying on friends and family to keep me during this transitional stage. She is stating that she needs more money to afford living in the house that I paid for etc., I have nothing of what I spent the past 18 years accumulating. I am having to reinvent my whole life. What do I owe her?


Response: I do not see how you owe her back salary when she is the reason the business is now closed. As for asking for more money to run the house, you would have to present evidence that you do not have that kind of income to support her lifestyle. As part of the process, you would also request that she produce evidence of her income such as requesting for her bank statements for the past two years. The most important thing is for you to respond to her Court filings and show up for hearings in the case to tell the Court your side of the case.

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