Thank you for your question. Please permit me to assist you with your concerns.To answer directly, a judge can indeed demand or order that the trustee remain as listed. The reason would be based on what the judge would consider to be in the 'best interest' of the children, and if the judge feels that the wife is able to provide better or more direct decision-making process, the judge can compel or order the husband to not make changes. Courts have upheld decrees where the courts did not permit beneficiaries to change, the trustees, or even order additional policies to be taken out.Good luck.
Thanks, XXXXX XXXXX question if you don't mind. H asked through discovery for W's credit card statements & credit reports for last 5 years? W objected to providing such. If H obtains those records & it proves the $15,000 plus debt was due to her mainly spending on herself in an irresponsible manner; will a judge be inclined to reduce H's obligation to pay his portion of the community debt substantially or will it have little if any effect?
Joseph,Thank you for your follow-up. I absolutely do not mind, and will be happy to clarify.My apologies but credit card debt is not an issue for the courts. That is an issue for how to split a divorce settlement agreement and what to label as belonging to the husband and what is belonging to the wife, but showing poor past spending skills does not affect the obligation of the other spouse. This is the same reason as to why being 'underemployed' is generally ignored as well--if the parties lived together and allowed each other such behavior (not working 40 hours, and spending more money), then it is not something a judge will condemn or use against it. This is an unwise argument that will end up wasting the court's time, and will have no effect on the proceeding.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).