Legal Question in Family Law in New York
College Funding, Financial accounting..?
My Brotherinlaw committed adultery and was caught. He moved into the other woman's house with her 2 kids from previous relationships. They have 4 kids,and married 19+ years. He has a civil job, and a contracting business. They own a home that does not have much equity, worth $550K.
1) Is there any legal obligation for college funding for their 4 children?
2) Shouldn't there be a financial accounting which allows her to get some $ from the business? She stayed home and did not work because he could make more money with a business than she could make (she has not worked since they were married).
3) The judge (a working female) who has been overseeing the negotiations told my sister she should get a job (my sister has enrolled in LPN school to start this fall) and also her children that are 16 (twins) and 18 should also be working. Is this prejudice against my sister?Therefore my sister is afraid to get the court involved because of the way this woman spoke to her.
4) My sister will get 1/2 the pension and 1/2 the IRA at retirement.
5) He makes maybe 75K w/o OT, 6 figures in his business (some in cash).
6) She will get$50K 2leave the house. Should there b a financial accting of all property b4 the negotiations?
1 Answer from Attorneys
Re: College Funding, Financial accounting..?
IF YOUR SISTER HAS A LAWYER, YOUR "SECOND GUESSING" WILL MAKE THE PROCESS MORE DIFFICULT.
IF SHE IS DISSATISFIED WITH HER LAWYER, SHE SHOULD RETAIN NEW COUNSEL.
IF YOU AND YOUR SISTER ARE ATTEMPTING TO HANDLE THIS ON YOUR OWN, IMMEDIATELY RETAIN AN ATTORNEY.
Nevertheless,
1. Parent's do not have a legal obligation to "fund" their children's college education, absent their Consent and written agreement, made legally enforceable.
2. Full and Complete Disclosure, includes but is not limited to property and pension appraisals, examination of bank records, EBTs, etc.. Such information, records and other full disclosure, is required to be exchanged between the parties and is submitted to the attorneys and the Court, for review and examination, prior to trial, negotiations and prior to a final order of settlement.
3. Your sister's work, education or vocational training plans, probably would not be an issue, for the Court, if your sister was not asking the Court to EXTEND SPOUSAL SUPPORT, for a "few" more years; or until she completes LPN training and then placement.
In that case, it would not be considered unreasonable, "prejudicial," or inappropriate for he Court's manner of scrutinizing your sister's work, education, vocational training, daily activities, etc., spousal support, child support, income and benefits received, from, the date of her separation, the last 5 or 10 years and throughout her marriage, to appear unsympathetic. That is court examination and cross examination.
4. Please note, in NY, income, property and assets acquired after married persons separate; or acquired by one party, without the direct or indirect contributions, of the other spouse, is not presumed to be "marital property."
Which means, you sister's interest in your brother in law's business may be small, if any.
Good luck,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
