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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30358
Experience:  Attorney with experience in family law.
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I've been married 8 years and we are talking about divorced.

Customer Question

good day
I've been married for almost 8 years and we are talking about divorced.
we have 2 little girls. we live in texas
I have few questions hopefully you can help me out. I want to try to protect my girls financials as much as I can since Im sure as soon as we get divorce he wont be helping me with child support
1) He owns his own business, but he is not making much money and wants to close it, truth is he doesn't want to work at all.
His mother gave him some money on her will, money that he uses to pays bills and also to invest in stocks. (around 500k)
how will the court help me to get child support if he is not working? closes the business? He is an MD so he gets jobs offers daily, but he doesn't want to work! he hasn't work since 2007 (well, we open his clinic, but he opens for 4 hours and sees one patient at day)
Can the court make him get a job?
or how can my girls be supported? (they are almost 4 and 2 years old)
2) He bought a house for 500K on 2001 (we got married 2007, I think the house was valued at 750K at that time) the house right now is worth 900K or more
whats better for me financially and less complicated for the divorce?
sale the house before the divorce?
or when we get divorce will I still get the same value (900-500=400/2= 200k each?)
or will it be 900-750(value of home when we got married)=150/2= 75k each?
3) He has money in the stock market as well, how are those assets divided? I have no idea about our financials, since day one he never opened a join account. I just use my CC (that I had before marriage )
Please understand Im not trying to take advantage of him or anything like that, but Im not working at the moment and my girls are so young and I have no nanny/preschool yet, so I am responsible for them day and night.
I want to be sure I can have them safe physically, mentally and economically until I can go back to work and they can go to school
I quit my job many years ago to help him out on his business... but I stop when I had the girls, and know as soon as he gets the divorce papers he wont be willing to help financially at all....
He doesn't want to work, so he will definitely wont want to help me financially with the girls...at least not for his own will
He is just always stressing all of us and that's not healthy for my girls, I need to protect them and keep them as happy as I can
thanks for your help
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

1. You can ask the state to help you collect. If he has money in the bank and does not pay, they can seize his accounts. The state can also suspend his driver's license. On top of that, the state can also suspend his ability to get or renew a passport. The judge can make him get a job, yes. Not working is a luxury. Parents don't get the luxury of choosing not to support their children. The judge will look at how much he COULD be earning if he had a job, plug that amount into the child support calculator, and order support based on that amount. Whether he pays from his inheritance or income is up to him, but he needs to pay. Note that you may also have to get a job: the judge is going to impute income to you, too, to see how much of the children's total support you should be responsible for. Take a look at this calculator:

https://www.texasattorneygeneral.gov/cs/calculator/

2. You're entitled to reimbursement of half the payments made toward the mortgage during the marriage. If he owned the house outright in 2007, you're unfortunately not entitled to anything. That's his separate property.

3. Whatever was in there before the marriage is his. Whatever was put in there after, other than dividends on his separate property, is split. You can subpoena account statements going back 7 years, usually. So you can compare what's in there now to what was in there before. The judge will try to come up with the most fair resolution possible if he can't determine how much was in the account before you married.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

Customer: replied 2 years ago.
thanks for your prompt response.but I still not sure whats better for me and the girls regarding the house
he bought the house at 500k (with a loan, he still paying it in 2001) and he stills owns to the bank 350k . the last time we checked the house is now worth 900k.
is it better to sale before divorce? or during?
how do I get more money out of it? He will make it a difficult divorce so I want to be sure I take the right steps before filling2) Do you recommend a good (not too expensive attorney in Dallas, TX
3) How much would the divorce cost me?
4) Is it possible to make him responsible for private school payments or he is only responsible for child support?
5) How many days at week/month by law does he has permission to see the girls? Im assuming I will get the custody and I will definitely have a job by then. I have always work hard
Expert:  Lucy, Esq. replied 2 years ago.
1. It's impossible for me to tell you which would benefit you, because I have no way of predicting how long your divorce will take or what the house's value will be at that time. Typically, the house is valued as of the date of the divorce, and it's sold after.
2. We're unfortunately not allowed to make specific lawyer referrals. A good place to look is www.martindale.com.
3. That depends on the lawyer's hourly rate, how long the divorce takes, and how much, if anything, you and your husband can agree to. We can't quote prices via this service, but many local attorneys will give you a consultation for free or at a reduced price.
4. It's possible to make him pay for a portion of it, based on your respective percentages of income. He usually wouldn't pay all of it unless he were extremely wealthy or sending them over your objection.
5. It can vary, depending on how old the children are and how far apart you live. Here's an example of the standard possession order that the judge would usually follow if the kids are at least 3 years old.
http://www.texasvisitationschedule.com/
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 2 years ago.
Sorry I haven't rated you I was out of country and then so busy.
one more question.
As I already explained to you he doesnt want to work and Im using my CC (so is he) so my debt is growing a bit.
I know the debt we accumulate together at time of the divorce we have to split it.My worry is he keeps taking money from family and now he is looking for loans to keep paying bills.
so I'm getting worry.Could you explain to me the benefits and down faults if I failed separately next tax season?At the moment Im not working, but I m starting to look for a job and perhaps if I failed separately my girls can get some kind of scholarship for prek-K (private school)Since we live in a house that keeps accumulating value, Im concerned that If I file separately and it takes 1-2 years more for me to file and get divorce I wont be getting my fair share of the house value?Could you explain to me the benefits and down faults if I failed separately next tax season?thank you so much
Expert:  Lucy, Esq. replied 2 years ago.
I'm sorry, but because that's beyond the scope of the initial inquiry, the terms and conditions of the site require that I ask you to open a new question page.
I'm not a tax expert, but there are other lawyers online who'd be happy to help you.
Customer: replied 2 years ago.
there is no taxes attorney sin this site
who else could help me out?
Expert:  Lucy, Esq. replied 2 years ago.
There's a tax category where questions can be answered by both tax lawyers and accountants. Also, there are many experts who can help if you post a question in the General Legal category.