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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
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Experience:  16+ yrs. of legal experience.
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My sister is in the middle of a divorce and they have set up

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My sister is in the middle of a divorce and they have set up temporary child support but she can't afford her car note or apartment. Can her attorney actually tell her that she can't trade her car in for something she can afford until divorce is final even if she can't afford it?

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The attorney can not do that...the attorney has no power to give such an order. HOWEVER, the court can. The court can order her not to transfer property during a pending divorce and, more important, if she transfers property without permission from the court, the court can sanction her.

The attorney is offering what seems like good advice. If she is in the middle of the divorce, then the court has jurisdiction over all marital property, including her car. If she sells it (or trades it in) the court can consider that as "marital waste" and credit her "soon to be ex" property/money in the divorce settlement.

This is true even if she is low on money.

I am sorry to have to bear bad news for your Sister.

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