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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37665
Experience:  I provide family and divorce law advice to my clients in my firm.
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Final hearing on divorce coming up. Shopaholic W demands that

Resolved Question:

Final hearing on divorce coming up. Shopaholic W demands that H keep her named as trustee on the life insurance to benefit their two children. H wants to replace her with his brother. Q: Can Judge force H to keep W as the trustee for the kids?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.


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?

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37665
Experience: I provide family and divorce law advice to my clients in my firm.
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