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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12930
Experience:  B.A.; M.B.A.; J.D.
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Thank you for responding to previous questions. I need to ask

Resolved Question:

Thank you for responding to previous questions. I need to ask a few more. First, I met with my wife's attorney last week to review assets and debts. As you recall, my wife received a large inheritance over 600,000 that her attorney is listing as separate property. However, I've been going over our bank accounts and noticed the past two years there have been two large transfers from our joint account to her personal account. I brought this up at the meeting last week and was advised she didn't authorize it and it was a mistake by the bank. The money was put back into our joint account. However, this occurred last year as well and from all accounts the money was NOT put back into a joint account. Is this now comingled monies? Second, we have a pre trial domestic relations settlement conference on Monday August 5th with a judge presiding over the negotiations. the affidavit that was filed included proposed property and debt division and the percentages are 73% for my wife and 27% for me, this is stated on the documents submitted to the court. This statement also submitted to the court conveniently deleted some of the current monthly debt obligations that were on previous work sheets so it doesn't shows the true monthly debt obligations. In addition, they want me to continue paying my life insurance premiums and having my soon to be x as the beneficiary until I turn 65 which is 10 years. Finally, the documents submitted for the conference are asking for 1500 per month in alimony/maintenance for the next 10 years. We haven't even discussed this in addition I could not afford it based on my salary and they're requesting I pay all of the outstanding debts except the house payment. There is no possible way in the next 10 years that I would be able to accumulate the wealth/assets my wife has. Please advise your thoughts, why can they continue to ask for this? is there some law that would allow such a disproportionate distribution? What they're asking for doesn't allow me any money from the joint accounts.
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.


Hello Again Steve and thank you for requesting for my services once more:


Thank you for responding to previous questions. I need to ask a few more. First, I met with my wife's attorney last week to review assets and debts. As you recall, my wife received a large inheritance over 600,000 that her attorney is listing as separate property. However, I've been going over our bank accounts and noticed the past two years there have been two large transfers from our joint account to her personal account. I brought this up at the meeting last week and was advised she didn't authorize it and it was a mistake by the bank.


Response 1: How can it be a mistake by the bank?. The bank generally does not take it upon itself to transfer large sums of money of depositor unless the transfer has been authorized by the depositor. I do not buy this excuse. She was caught and she had to make up a reason for her action.



The money was put back into our joint account. However, this occurred last year as well and from all accounts the money was NOT put back into a joint account. Is this now comingled monies?




Response 2: Yes. The marital funds that were transferred need to be part of the property division. Those funds should be counted against her. For instance, if she is eligible to get $100,000.00 share from the joint accounts and she has already transferred $50,000.00 to her separate account, then she should only get $50,000.00 from the joint accounts.



Second, we have a pre trial domestic relations settlement conference on Monday August 5th with a judge presiding over the negotiations. the affidavit that was filed included proposed property and debt division and the percentages are 73% for my wife and 27% for me, this is stated on the documents submitted to the court.




Response 3: Is this a joint affidavit or just the affidavit of your spouse? If this is a joint affidavit, it is not equitable at all. Washington State is a community State and the division of assets and obligation should be 50/50 UNLESS you and your spouse agree to the contrary or unless the Court orders otherwise. See RCW Section 26.09.080"

RCW 26.09.080

Disposition of property and liabilities — Factors.

In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner or lacked jurisdiction to dispose of the property, the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage or domestic partnership; and

(4) The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time.

.


This statement also submitted to the court conveniently deleted some of the current monthly debt obligations that were on previous work sheets so it doesn't shows the true monthly debt obligations.




Response 4
: You need to add the missing information to the copy of your own document, make copies of the document and bring them to the Court along with the supporting documents for the missing monthly debt obligations.




In addition, they want me to continue paying my life insurance premiums and having my soon to be x as the beneficiary until I turn 65 which is 10 years.



Response 5: I am not sure why this is being requested. This is usually done for the minor children. However, I am speculating that she wants to make sure that her alimony payments would not be affected in case of your passing. Nevertheless, you should object to this with the Court.



Finally, the documents submitted for the conference are asking for 1500 per month in alimony/maintenance for the next 10 years. We haven't even discussed this in addition I could not afford it based on my salary and they're requesting I pay all of the outstanding debts except the house payment. There is no possible way in the next 10 years that I would be able to accumulate the wealth/assets my wife has. Please advise your thoughts, why can they continue to ask for this? is there some law that would allow such a disproportionate distribution?


Response 6: There is no law that justifies their unreasonable request. The Court is not going to order you to pay for something you cannot afford. So, you need to make sure to go to the hearing on Monday prepared. Bring your current financial documents such as pay stubs, recent income tax returns, monthly expenses to show the Court that your income cannot support the payment that your spouse is asking.



What they're asking for doesn't allow me any money from the joint accounts.




Response 7: That would be a nonstarter for me. You are entitled to the funds in the joint bank accounts. The funds are marital assets. She should be made to account for the transfers or the funds transferred from the joint accounts to her separate accounts should be charged against her. Finally, she cannot be seeking that much in alimony when she just inherited $600,000.00. That inheritance should be factor when the Court decides Alimony. You need to make sure that you bring it up. See RCW Section 26.09.090.

RCW 26.09.090

Maintenance orders for either spouse or either domestic partner — Factors.

(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;

(c) The standard of living established during the marriage or domestic partnership;

(d) The duration of the marriage or domestic partnership;

(e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and

(f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.


Let me know if you need further clarification.

All the best,

Customer: replied 1 year ago.

Thank you VERY much. I really appreciate your suggestions and reference to Washington State law. In regards XXXXX XXXXX petition this was filed by my wife not jointly. Take care, I might send you a note to let you know how it turned out. The answers were very concise and will help me with my case Monday.


take care,


Steve

Expert:  Phillips Esq. replied 1 year ago.


Please do let me know how you made out.


Best wishes,
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12930
Experience: B.A.; M.B.A.; J.D.
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