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kissak,

Your concerns are legitimate. But that is why you get an attorney. Good luck.

IMP

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kissak Offline OP
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Thanks IMP....I am worried that he wont agree to letting me have half of his retirement without asking for more stuff from me....

Who knows. I guess I will find out tomorrow.


Kissak

"What time I am afraid, I will trust in thee." Psalms 56:3
M-37 H-37
S-10, D-15
M- 1993
First bomb- 12/23/06
Came and went too MANY times!
Gone again 10-25-10
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Like I said, kissak, that is why you get an attorney. He can ask for anything he wants, but the law might say something different than what he wants.

But you'll be ok, no matter what.

IMP

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Quote:
Actually I do plan on staying here. I have a very low mortgage payment. My home is 3 bedrooms 2 baths, 1 acre land and in a very nice neighborhood. I do not plan on going anywhere.

Okay, so the house sounds like a good plan for you.

you definitely need legal advice here. And you need to know what was in those retirement accounts, and how much he has spent. And you may need to get some kind of order to freeze those accounts until this is worked out.

What is he spending his money on if he isn't paying you child support now?????????

Ellie

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kissak Offline OP
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oh! He is paying child support now. He has been paying it since the first bomb....that was the first thing I did when he left me. Half of his paychecks go to me every 2 weeks. It doesnt leave him very much to live on because he has a big loan payment taken out of his check every 2 weeks that he borrowed from his 401....He doesnt really spend money on stuff, it just takes all of it to pay his bills.

Wish me luck today! Im going to the lawyers office today.


Kissak

"What time I am afraid, I will trust in thee." Psalms 56:3
M-37 H-37
S-10, D-15
M- 1993
First bomb- 12/23/06
Came and went too MANY times!
Gone again 10-25-10
Joined: Dec 2006
Posts: 1,474
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Kiss,

I feel you for I am in the same boat..
STBX is having ahissy fit for about a year ago agreed to waive any of his 401K or any alimony and to stay in the house and pay the house w/ his CS. That was when I didnt know my rights & what I was entitled to. H even wanted to be able to write the kids off every other year on his taxes.

Nope! Not doing it anymore and now he is furious!

At first I wanted to keep the house the payments are bad but I would have to refinance in my name and cant do that currently. Also I do want to start over in a new place w/out any memories of him. Plus the both a/c's are on their last leg and I cant afford new ones.

Good luck!! And prompts for you taking over control!!!

God bless!! Keep the faith and it will turn out for the best.

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kissak Offline OP
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So, is that right for them to be able to claim the kids when they dont even live with them? I dont think it is. I do all of the care taking, not him...all he does is "babysit" 8 days out of 30 each month...My H wants for us to each claim a child each year....I dont think that is right. I will check with my lawyer on it though. I guess it also depends on what tax bracket we are in if we file single....need to find out.


Kissak

"What time I am afraid, I will trust in thee." Psalms 56:3
M-37 H-37
S-10, D-15
M- 1993
First bomb- 12/23/06
Came and went too MANY times!
Gone again 10-25-10
Joined: Dec 2006
Posts: 1,474
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The primary custodial parent gets to claim.
Also, he cant deduct the kids for taxes but he can deduct alimony which menas you would have to add alimony as extra income.

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kissak,

Sounds like you're getting so really good insight here. I just wanted to stop by give you a HUG and wish you well at the L today.

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kissak Offline OP
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Thanks Chicki....

Thank you for the hugs Grace. I went to see the lawyer today. Now, she isnt my lawyer, but for a very small fee she looked over my papers and gave me advice on them.

Great advice really.

First off I need to find the value of his retirement and pension plans before I forfiet them. If the price is right I could just say that I want the house free and clear or half his retirement.

The lawyer said that I should either buy his part out on the house or he should give it to me because asking for 20% if I sell it wouldnt be right. For one, If I keep it for 40 years, and then sell, he would be making out. Anyway the way the papers state it really could mess him up on that....I could take out a second mortagage on the home before I decide to sell it and spend the money, then sell the house to pay off both mortagages and then there is nothing left! He gets nothing and I have already spent the other money....she said his lawyer wasnt very smart on the splitting of the house thing!

I have to get things straight on visitation with the kids...get in writing. Also a few other things....but right now Im only interested in the value of his pensions.

Im trying to figure out how to ask him...in an email or in person? If in an email, Im not sure how to word it. I would rather send him an email though...I will be seeing him tonight I guess at the kids class...there is so much I would like to take out on him about somethings he said, but I think it would only make me feel better, but wouldnt that be ok....then again it would only give him the opportunity to explain himself and LIE!

So, any suggestions on how to ask him??

I found out that he told the OW that she should be mad at me for some reason....go figure. I can hear him say that too!

"WHy are you mad at me.....you should be mad at her!"

Whatever!!


Kissak

"What time I am afraid, I will trust in thee." Psalms 56:3
M-37 H-37
S-10, D-15
M- 1993
First bomb- 12/23/06
Came and went too MANY times!
Gone again 10-25-10
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