|
Post by DryCreek on Sept 3, 2016 18:09:47 GMT -5
Adding to my thoughts...
I agree with an earlier comment about collaborative negotiation. It's a great solution when two people are cooperating. It seems like a very bad idea when one person is clearly out to disadvantage the other.
Point to my above comments is that you really do have the upper hand here. Once you realize it, you will understand that she will be in the position of compromising in exchange for clawing back some of the things you're entitled to - namely, permanent alimony. Your lawyer should recognize this and be leveraging it to your negotiating advantage.
It concerns me that your lawyer is more interested in closure than getting the best deal for you. Now, that may well be because of how you are engaging her. Saying you want to be nice, fair, etc. You might instead have a very blunt discussion with her about how controlling and manipulative your wife is, and how you want her to get you the best deal, but drawing a line at fighting dirty.
Keep in mind that if you feel like it later, you're always welcome to give your wife money back, but you need to cut the best deal on paper now. There is little chance that if you find yourself on lean times later that she will reciprocate for any kindness you give her during negotiations. Don't do it.
|
|
|
Post by greatcoastal on Sept 3, 2016 20:33:25 GMT -5
Let me ask this, ( while I am thinking about it) if you were asked to go to the negotiating table over finances with someone who refuses to discuss finances with you and has been in constant control ? Would you go thinking your going to be treated fairly, because you both have an attorney? If you were convinced you had the upper hand, and your chances of getting a fair settlement were highly in your favor would that help? That is were I think I am at. Along with the notion that all of this is still new and developing. I have been given 15 pages of definition about collaborative law to read. Time to look it over again, and wright down more questions.
I will embarrassingly, honestly admit, I hardly know the difference in a 401 k and a IRA. Ironically mine are greater, due to my parents already passing away.
I was also given pages of daily expenses to fill out. Not having seen our budget in years I can estimate on a few things. My attorney,and other things I have read, tell me, " so much of your expenses are on line now it's hard to lie about it"". Why are my doubts and fears still there? Another trust issue. Surely I am not the only one who has little knowledge of all the finance. Attorney's act like they are used to dealing with that, and spouses a cussing each other of being a Narcissist. Again leading me to think this will stay a money dividing issue. At least the huge controlling issue of homeschooling, will be coming to a close. That was life altering for me as a man.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Sept 3, 2016 21:25:08 GMT -5
Let me ask this, ( while I am thinking about it) if you were asked to go to the negotiating table over finances with someone who refuses to discuss finances with you and has been in constant control ? Would you go thinking your going to be treated fairly, because you both have an attorney? If you were convinced you had the upper hand, and your chances of getting a fair settlement were highly in your favor would that help? That is were I think I am at. Along with the notion that all of this is still new and developing. I have been given 15 pages of definition about collaborative law to read. Time to look it over again, and wright down more questions. I will embarrassingly, honestly admit, I hardly know the difference in a 401 k and a IRA. Ironically mine are greater, due to my parents already passing away. I was also given pages of daily expenses to fill out. Not having seen our budget in years I can estimate on a few things. My attorney,and other things I have read, tell me, " so much of your expenses are on line now it's hard to lie about it"". Why are my doubts and fears still there? Another trust issue. Surely I am not the only one who has little knowledge of all the finance. Attorney's act like they are used to dealing with that, and spouses a cussing each other of being a Narcissist. Again leading me to think this will stay a money dividing issue. At least the huge controlling issue of homeschooling, will be coming to a close. That was life altering for me as a man. Let me tell you what the first attorney I ever hired said to me: the law has absolutely nothing to do with what is fair. Don't expect to be treated fairly just because you are entitled to alimony for life and gave up your career to school and care for your kids. Expect to be treated fairly if you have the better lawyer. None of this speculation about this or that is the law and she did this or that means squat if she has a high priced high powered suit working for her and you don't. I strongly agree with the suggestion to get a second opinion on whether, based on your history together and what you know about her, collaboration, negotiation, or litigation would be in your best interest. Get this idea of fairness out of your head. This is war, and all is only fair in love and war if you're on the winning side.
|
|
|
Post by baza on Sept 3, 2016 21:37:46 GMT -5
This is just me and my viewpoint, which I put out there. "If" I was in this position, and I figured I needed $1,000,000 to fund my post divorce lifestyle, then that would be my benchmark. "If" the disclosed joint asset base was $2,000,000 and I got my half of it, I'd be happy with that, and would walk away whistling dixie. - "If" it turned out later that there were undisclosed assets and the divisible pool was actually $4,000,000, I don't think I would give a fuck. - Chances are that even if I was prepared to chase the extra $1m (in this theoretical example) it would cost me big time to get it, it would be a long and laborious process - and very expensive - and extremely aggravating. It would tie me in to prolonging the relationship while the whole sorry tale spun out over probably another couple of years. I have better things to do with my time than that. - In short, if I got "enough" out of the split to finance my post ILIASM shithole life, I'd be cool with that - even if subsequent events showed that "I could have got more". - Again, this is a personal opinion, not advice, not a suggestion.
|
|
|
Post by bballgirl on Sept 3, 2016 21:57:52 GMT -5
This is just me and my viewpoint, which I put out there. "If" I was in this position, and I figured I needed $1,000,000 to fund my post divorce lifestyle, then that would be my benchmark. "If" the disclosed joint asset base was $2,000,000 and I got my half of it, I'd be happy with that, and would walk away whistling dixie. - "If" it turned out later that there were undisclosed assets and the divisible pool was actually $4,000,000, I don't think I would give a fuck. - Chances are that even if I was prepared to chase the extra $1m (in this theoretical example) it would cost me big time to get it, it would be a long and laborious process - and very expensive - and extremely aggravating. It would tie me in to prolonging the relationship while the whole sorry tale spun out over probably another couple of years. I have better things to do with my time than that. - In short, if I got "enough" out of the split to finance my post ILIASM shithole life, I'd be cool with that - even if subsequent events showed that "I could have got more". - Again, this is a personal opinion, not advice, not a suggestion. . I agree with this POV. I could have gotten alimony for life but I have a decent job and I didn't need it to live, despite the fact that my ex makes a substantial amount of more money than me. I get child support which will eventually end. I offered him a fair deal which encouraged him to sign quickly and we were divorced in 2 months. I knew what my magic number was for child support, he agreed and we didn't even have to go to mediation.
|
|
|
Post by DryCreek on Sept 3, 2016 23:06:16 GMT -5
Let me ask this, ( while I am thinking about it) if you were asked to go to the negotiating table over finances with someone who refuses to discuss finances with you and has been in constant control ? Would you go thinking your going to be treated fairly, because you both have an attorney? Absolutely not. She has already shown that she does not respect you, or even a court order. She will disclose the minimum she believes she must. Anything she can "overlook", neglect to disclose, or chalk up to careless bookkeeping is in her favor, and if your side of the table doesn't know how to ask the right probing questions then you will settle for what you are given. My point about the different types of assets was exactly for that reason. You don't know this stuff; she does. You would be foolish to try and learn now all that you need to know in time. This is the time to hire an expert who will know more than her and advise you. While you might use this person as a general financial advisor, they really need to have skills with tax impact of the different accounts I mentioned; more like a tax specialist. If I were in your shoes, and given her demonstrated behavior, I would not only be hiring a forensic accountant (in addition to the above advisor), but asking the judge to make her pay for it. Among the things they would do is to reconcile transactions for all accounts over the past few years to find any siphoning or hidden accounts. Also checking other avenues like LLCs where funds might be stored from, say, rental properties, or management fees for those properties. It takes some persistent digging when you have multiple properties, and likely legal structures, as I gather you probably do. It would also clearly substantiate your standard of living. You really can't negotiate until you know what you're negotiating for. I would feel confident in my negotiating position in general, but it's pointless to settle details without having the facts and advice first. Ditto for throwing it all on the mercy of a judge - they aren't going to dig and sort out the facts; your team needs to do that regardless. Being pessimistic, whatever you negotiate now will have a profound impact on the quality of the rest of your life. And not just yourself, but your ability to help your kids and other interests as you see fit. Don't take it lightly in an effort to be finished quickly; she will absolutely take advantage of your urgency. Per above, you don't need to understand any of it, but you do have to hire experts who do. Your inheritance is a fantastic example of knowing what to fight for. Inheritance is typically excluded from the 50:50 asset split. It remains your sole and separate property unless it was explicitly converted to a shared asset at some point. (E.g., deposited into a shared bank account, or in the case of real estate retitled into both your names.) They are right that there is a pretty clear paper trail. But you are right to be wary. The paper trail only tells an informed viewer what they need to know. An example... You might have a property held in an LLC. Rents and expenses might be transacted from separate accounts for that property. Management fees might be paid to a different LLC that acts as the property manager for all your properties. Another set of accounts. The LLCs might not be owned by you directly and might pay taxes separately, so not an obvious connection. I could go on, but the point is that those assets wouldn't be obvious except to someone digging to find them. I think your distrust is well placed. Most divorces do not involve multiple rental properties, which tends to involve more complex legal structures and intentional protective barriers. Combine that with a woman who has demonstrated a willingness to be uncooperative, and you need skilled help. I'm not sure how relevant that'll be to a judge if it goes that far, but I'd be sure to bring it up.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Sept 4, 2016 9:15:43 GMT -5
greatcoastal , like you, I had virtually no working knowledge of our finances. I pretty much let him take care of everything and it made me feel kind of stupid when it came time to divorce and I couldn't answer questions about how much money we had or spent. My lawyer assured me that this is common in most marriages - one spouse takes care of the money stuff and over time, the other spouse loses track of financial specifics. So don't feel bad when you have to estimate something -that's totally normal - just make it clear that it's an estimate. When it comes to child support, there is a formula that the courts use and at least in CA, there's pretty much no arguing about it (Although out here, there is no child support past age 18 and no requirement for either spouse to contribute to college). Any room for argument happens when it comes to spousal support, but there's a formula for that, too and if that amount seems fair to you and you stick close to that number in your settlement offer, the court will generally give you that amount. In my hearing for temporary support, the judge basically rubber stamped my support request and made a point of telling my husband and his attorney that these were numbers derived from court created formulas. I don't know if I'm right about this, but you seem a little overwhelmed by the whole financial part of the divorce. I was pretty much completely freaked out by anything to do with money and my lawyer spent a good amount of time explaining things clearly to me so I understood what was going on. I also hired a financial consultant who specializes in post divorce asset management to help me look at what I ended up with and how to manage it. She helped me see my situation clearly and understand my new financial picture. She was very patient and took me carefully through every step - I'm not too happy about my new financial picture, but it's much better for me to understand reality than to blindly fumble around hoping for the best and racking up debt. Don't be afraid to ask for more clarification if you don't understand something and if you feel like your attorney isn't explaining things clearly or is pushing you to accept something you don't want or don't understand - get another attorney. Yes, it will cost, but you need someone representing you who listens to you and is completely on your side. You may not be able to avoid going to court and you need someone who will fight for what you deserve. Welcome to the roller coaster, my friend. Hang on tight and scream when you need to. We'll be here for you.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Sept 4, 2016 22:02:48 GMT -5
greatcoastal , like you, I had virtually no working knowledge of our finances. I pretty much let him take care of everything and it made me feel kind of stupid when it came time to divorce and I couldn't answer questions about how much money we had or spent. My lawyer assured me that this is common in most marriages - one spouse takes care of the money stuff and over time, the other spouse loses track of financial specifics. So don't feel bad when you have to estimate something -that's totally normal - just make it clear that it's an estimate. When it comes to child support, there is a formula that the courts use and at least in CA, there's pretty much no arguing about it (Although out here, there is no child support past age 18 and no requirement for either spouse to contribute to college). Any room for argument happens when it comes to spousal support, but there's a formula for that, too and if that amount seems fair to you and you stick close to that number in your settlement offer, the court will generally give you that amount. In my hearing for temporary support, the judge basically rubber stamped my support request and made a point of telling my husband and his attorney that these were numbers derived from court created formulas. I don't know if I'm right about this, but you seem a little overwhelmed by the whole financial part of the divorce. I was pretty much completely freaked out by anything to do with money and my lawyer spent a good amount of time explaining things clearly to me so I understood what was going on. I also hired a financial consultant who specializes in post divorce asset management to help me look at what I ended up with and how to manage it. She helped me see my situation clearly and understand my new financial picture. She was very patient and took me carefully through every step - I'm not too happy about my new financial picture, but it's much better for me to understand reality than to blindly fumble around hoping for the best and racking up debt. Don't be afraid to ask for more clarification if you don't understand something and if you feel like your attorney isn't explaining things clearly or is pushing you to accept something you don't want or don't understand - get another attorney. Yes, it will cost, but you need someone representing you who listens to you and is completely on your side. You may not be able to avoid going to court and you need someone who will fight for what you deserve. Welcome to the roller coaster, my friend. Hang on tight and scream when you need to. We'll be here for you. Both my ex and I were in the dark about our finances LOL.
|
|
|
Post by greatcoastal on Sept 10, 2016 9:03:24 GMT -5
I received an e mail from my attorney yesterday. It tells me that my STBX is wanting custody the majority of the time. There is no way I will be agreeing to that.
Perhaps she thinks she will stay in our big house, gone at work, her daddy live here, sleeping all day. Meanwhile I rent some one bedroom apt. And visit the kids twice a month. Then she can go enjoy a weekend with her sister down at the beach?
You've got to love how she takes my 18yrs of being the one home with our 6 kids as nothing she can't do now that they are older. Yes now that they are older having a parent in the house all day is less needed. Finally years of homeschooling has come to more of an end. I won't go into the two that are left, and how bad they are doing. Interesting enough, my STBX was able to work from home for three days in a row. The same person who always has 5 or 6 meetings to go to all day long, and could not attend morning sessions with our therapist for our marriage because of her work meetings!
Can you say, manipulative controller?
I see my attorney Mon. Makes Collaborative a harder choice. I am very concerned with the long term affects of the lack of a father figure in the rest of there upbringing. The quick image they would get, that Daddy only cares for himself. Your daddy is just lazy, your daddy never wanted to work. I can see all the finger pointing, the blame , the total innocents on her part. While she stays in control.
It may be time to bring out the big guns. I'll ask for majority time with the children so she doesn't loose her high paying job that we all sacrificed for.
|
|
|
Post by DryCreek on Sept 10, 2016 10:59:35 GMT -5
greatcoastal, sadly her motivation is very probably financial. More custody = less child support. The starting point should default to 50/50 time unless one spouse can clearly show that the other is incapable of that much time (say, with small kids and work schedule). So, don't stress too much about losing access to your kids, regardless of where you're living. This should not be a new tactic for your lawyer. If it is, be very afraid. Try your best not to be emotionally attached to any outcome that's not essential - the person who's emotionally invested in the outcome ("I *must* have the dining room set") will make irrational compromises to achieve their goal. Make your compromises count. Specifically, the house. Unless there is a genuine practical reason to want the house, don't get hung up on sentimental attachment to it. In most cases, it ends up being sold because neither party can afford to buy the other out of their half. Since you have rental properties, that's probably not the case - I recommend viewing the home as simply an asset; one of you will end up with it, and the other will end up with comparable assets elsewhere. Mentally consider that if you ended up with the house's value in cash instead of the structure, how bad would it really be to buy a comparable place and make it your own, with no baggage? (In fact, the spouse who ends up with the house often ends up with a lot more house / maintenance / upkeep than they really need going forward). Instead, find the things that she is emotionally invested in and leverage them to your benefit. In this case, to try and level the playing field against an opponent with questionable ethics.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Sept 10, 2016 12:08:55 GMT -5
I received an e mail from my attorney yesterday. It tells me that my STBX is wanting custody the majority of the time. There is no way I will be agreeing to that. Perhaps she thinks she will stay in our big house, gone at work, her daddy live here, sleeping all day. Meanwhile I rent some one bedroom apt. And visit the kids twice a month. Then she can go enjoy a weekend with her sister down at the beach? You've got to love how she takes my 18yrs of being the one home with our 6 kids as nothing she can't do now that they are older. Yes now that they are older having a parent in the house all day is less needed. Finally years of homeschooling has come to more of an end. I won't go into the two that are left, and how bad they are doing. Interesting enough, my STBX was able to work from home for three days in a row. The same person who always has 5 or 6 meetings to go to all day long, and could not attend morning sessions with our therapist for our marriage because of her work meetings! Can you say, manipulative controller? I see my attorney Mon. Makes Collaborative a harder choice. I am very concerned with the long term affects of the lack of a father figure in the rest of there upbringing. The quick image they would get, that Daddy only cares for himself. Your daddy is just lazy, your daddy never wanted to work. I can see all the finger pointing, the blame , the total innocents on her part. While she stays in control. It may be time to bring out the big guns. I'll ask for majority time with the children so she doesn't loose her high paying job that we all sacrificed for. Ok dude fasten your seatbelt, you are about to enter the wonderful world of negotiation. She makes an unreasonable demand. You say hell no and make a counter offer. She rejects your counter offer. People start pulling out bargaining chips and it turns into a game of chicken. And every one of those letters from your attorney to hers costs a hundred bucks. She may be doing what good negotiators do, aim higher than you really expect so they'll talk you down to what you do want. Or God forbid, she may be serious. She'd be a lot more capable of supporting them. She's a responsible professional who works from home to be with them. Even with child support, can you provide them with as good a home as they have now? She also has caring family who can help with them. After so long out of the work force and without advanced skills and education there is no way you're ready to support six kids. She managed all the finances anyway. You aren't capable of managing a household. Playing devil's advocate. Fair? Irrelevant. Be ready to respond to stuff like this.
|
|
|
Post by greatcoastal on Sept 10, 2016 12:21:23 GMT -5
My lawyer called me Fri. Let me know calmly that she had emails to send me. Her next sentence was," are you sure you want to do collaboration, or go litigation? " I informed her that my STBX did see our therapist. Her response was, " talk to your therapist as soon as possible and let him , let your wife know that she could loose her attorney and have to start all over again , costing thousands more".
Sounds like my attorney is stepping up for me already. I informed my attorney of the information one of my sons was given from my STBX about us sharing the house and being gone on the weekend. My attorney called that "nesting" and right away said," no, where's your privacy in any of that, that seldom works, where did she come up with that?" I elaborated on that, and said, " I can see her not mowing the yard, cleaning the gutters,trimming the trees,buying the groceries,cleaning the dishes,etc...and leaving that for me to do. And does she expect her daddy to stay there the whole time? Not going to happen!
I understand the,aim for the stars and reach the moon approach, but it flies right in the face of let's reach a fair compromise. More life long scaring.
|
|
|
Post by bballgirl on Sept 10, 2016 15:03:04 GMT -5
Do not do collaborative. First of all you are suing her for divorce. You are on the offensive. She wants a majority of custody of which she should only be entitled to 50% so that's not going to happen and a judge wouldn't allow it. She knows she is going to be paying out the nose on alimony and just trying to save money. This is totally a money issue for her not about the kids and yes as they get older they need us less hour by hour.
Maybe negotiate back and forth a few times but if there's too much ground to cover then go to mediation.
As far as custody you should not have less than 50/50.
Once the amount of custody is too lopsided that really effects the amount of child support you would receive. Figure out what you need to live a set dollar amount, write out a budget to figure that out. That should be asked for in terms of support and then split the assets. If you need it to go to a judge so be it she will be paying 75% of that. Remember you are suing her!
|
|
|
Post by DryCreek on Sept 11, 2016 12:50:52 GMT -5
Piling on bballgirl's excellent points... When figuring out how much money you need to maintain your current lifestyle (excluding kids, and based on your current $0 income), this needs to be your bare minimum demand for *spousal support* (not child support). Being specific for two reasons - first, child support is often formula-driven; in my state it's not negotiable. It's intended to be the incremental amount needed for the household to add a child at the same standard of living. Second, child support is temporary. It has a limited duration. On the other hand, spousal maintenance is intended to support *your* standard of living, for a duration until you're expected to become self-sufficient. In your state it sounds like you're crossed a threshold for "permanent" maintenance, but even that has a finite duration. Spousal maintenance in my experience has guidelines the state will apply by default, but it's negotiable. Your lawyer can tell you how much / how long you should expect spousal support if it goes to a judge - that's what you should expect, and I recommend you don't negotiate down from there. While I would not want to find myself on the other side of this equation, you really are in the driver's seat here. There's a pretty pre-determined formula for how this will all play out - you shouldn't feel like you're "asking" for anything you're entitled to, and you should only make concessions if she's giving you something more valuable in exchange. (Because *she* will not make any concessions to you unless you're trading something more valuable.)
|
|
|
Post by bballgirl on Sept 11, 2016 14:10:13 GMT -5
Exactly DryCreek - Great advice!! The keyword is ENTITLED! I used that exact word in negotiating my deal. He wanted half of my retirement, of which he was entitled to but I negotiated to not get alimony, which would have been permanent because we were married 23 years in exchange for him not touching my pension. At one point he said don't you think it's fair for me to get half? If I had a pension wouldn't you go after it? To which I responded- "absolutely I would but if you go after what you are entitled to I will be doing the same and you will be paying me money today for money you will never see because the pension isn't activated until the day I retire and I won't retire until you are dead so it's your choice". I offered him a great deal he took it! greatcoastal - also realize when figuring out that magic number alimony is taxable so make sure you list all of your lifestyle expenses from haircuts to entertainment to dry cleaning to brand named clothing. Bottom line - she should have fucked you make her realize that!
|
|