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Post by greatcoastal on Dec 3, 2016 22:08:36 GMT -5
You are in the same boat. Aside from the forensic accountant, consider taking relevant computers to a pro and having the hard disks duplicated for examination, then subpoena her for passwords to any financial records (Quicken, QuickBooks, etc.). Yes, it's an offensive move, by more than one definition. But if you don't do this, you're subject to the info she chooses to provide, on the timeline she chooses to deliver it. It also gives her opportunity to delete inconvenient records. Having been on the other side of this table, if one is willing to defy court orders, there is much they can hide. But, of course, this opens Pandora's box and may subject you to similar actions, so beware. As always, act on the advice of your lawyer. All useful information! In my case most information required went back three years. This was five years ago. All of this information comes from the banks records, and tax forms. Things that she can't delete.. The more and more withdrawals and deposits from one bank to another that show up, the more questions arise about the origin of the money. The inheritance was far greater than I was told about. We haven't even gotten into our stocks yet. If this takes a while I see ir being to my benefit. As far as me being subject to similar actions? Well I am like a refuser when it comes to money, "I don't see the need for it, It's not that important, I don't think I'll ever be ready, only when it's my duty." The only moving of funds was exactly as my attorney recommended, so I would not be left cent-less. Half of one account. Even the origin of that account now has to be proven by my STBX, and will be proved by bank statements and dates. Something else, very important, my STBX does seem to "get it" when it comes to the week on week off with the children. Unless she tries to manipulate that later for financial reasons. Who knows what her attorney may try. Reminds me of what mountainrunner went through. My STBX had stated that she wanted to buy out my share of the house. "my attorney asked what i thought of the zillow estimate? It's fine with me." Probably to my advantage. I will speak to my realator friends in the next few days. If she stays, the kids don't have to relocate, I don't have to deal with her piles of memorabilia, I can sift out what's mine, plenty of the old used furniture can stay, to keep thing normal, Grandpa doesn't have to move, the only one moving is me. Then I can put a price on what remains get my half and buy all new/used items for my own place. One thing I could be an A-hole about, my FIL's furniture that he has used for 9 yrs, was all my dads furniture when he lived in a retirement home. My sister had bought it for him. I will let him have it all. I believe the house is soon going to be too big,and I know of many of the repairs, and upgrades it would take to sell this place and continue living here for the next few years. Part of the advantage of doing this now. Every year another child is legally old enough to move out. Less child support, but less house needed as well. 5yrs of memories in this house, 14 yrs in the same neighborhood. I am ready for some zip code therapy! All part of the new beginning, the healing process.
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Post by DryCreek on Dec 3, 2016 23:40:19 GMT -5
In my case most information required went back three years. This was five years ago. All of this information comes from the banks records, and tax forms. Things that she can't delete.. The more and more withdrawals and deposits from one bank to another that show up, the more questions arise about the origin of the money. The inheritance was far greater than I was told about. We haven't even gotten into our stocks yet. Fair enough. Again, a forensic accountant will be able to stitch a lot of that together, though it would be awfully handy to have the original computer records, which are likely to have her notes for each transaction - it'll prevent her being able to spin a different explanation later. (i.e., those records contain more info than just the money movement that bank statements can provide; plus they'll go back further in history.) If she uses products like Quicken, it will also greatly speed an accountant's analysis of money movement to have the original data files. Yup. My point was about seizure of various personal items (iPad, phone, etc.) - if you take action on the computer, she would probably retaliate in kind just to be an ass. In some states there's a breakpoint of like 60% custody that becomes financially significant for child support. If she tries to push that threshold, you can rest assured that it's financially motivated, not for love of the kids. This is a good thing, I'd think, as long as the price is right. It makes for an easy break for you and the kids, and it avoids what is always an ugly mess trying to get the house sold when the party living in it isn't motivated to show it well. JMX might have some advice for you on this (she's a realtor). Zillow estimates seem to strike me as optimistic, not accounting for the kinds of repairs you see are coming. Their high estimate may be a good number to negotiate from. This is easily handled - list it all in the assets and let it balance out in the cash settlement. In the grand scheme it sounds like this might be a drop in the bucket for negotiating points, though.
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Post by JMX on Dec 4, 2016 8:49:13 GMT -5
greatcoastal - she's really being a bitch, isn't she? Good luck and buckle up. She sounds like she is aiming for stupid. Let her. It will take time and spend more money, but that was her choice and not yours. DryCreek - yes. Anytime someone mentions Zillow, I have to fight the urge not to roll my eyes, it simply isn't reliable - but as GC said, it is likely in his favor and he has tons of realtor friends that would give him advice. I get the feeling he knows his way around real estate
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Post by greatcoastal on Dec 4, 2016 18:32:14 GMT -5
greatcoastal - she's really being a bitch, isn't she? Good luck and buckle up. She sounds like she is aiming for stupid. Let her. It will take time and spend more money, but that was her choice and not yours. DryCreek - yes. Anytime someone mentions Zillow, I have to fight the urge not to roll my eyes, it simply isn't reliable - but as GC said, it is likely in his favor and he has tons of realtor friends that would give him advice. I get the feeling he knows his way around real estate Spoke to a realtor friend today. She said, "Zillow prices can go all over the map, I'll get you an appraisal, and for the rentals as well." It's good to have connections. It's like a Gyco commercial, "saves you hundreds of dollars."
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Post by greatcoastal on Dec 19, 2016 15:45:29 GMT -5
Surprise! Not. Good thing you moved funds earlier, eh? I hope your lawyer has already filed for an interim order of maintenance to get you around the cashflow crap. A notice of case management is finally happening. The wheels do turn slow. Exactly what that means I am still not sure? I am hoping this will be a layout by my attorney showing how many things have to be exposed and resolved before the case can go forward. Hopefully a judge who is not pleased with her unlawful moving, holding, hiding of funds, will get things moving quicker. Then the dates can be set for how many hearings will be necessary. I do hear things like, "if she moved it you may not get it back". I would like to believe that the money originally shown on record, ordered to be frozen, will all have to be accounted for. Anything that has just "disappeared with her withdrawing it", will be deducted from her share of the divided assets. Hopefully. I do get told that emails and phone calls all cost money. So I patiently wait for the few meetings that are necessary with my attorney.
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Post by greatcoastal on Dec 24, 2016 12:17:55 GMT -5
Back to MONEY issues for the holiday. My STBX has managed to put off me getting any kind of regular funding. I am left with daily digging in to the amount I withdrew at the beginning of the divorce 5 months ago. That money was supposed to remain unspent so It could be divided.
Here's a classic manipulative control issue, she sends me an email asking me, " how do you want to handle buying christmas gifts?".
What's wrong with that? We live in the same house, she can speak to me anytime. I have the oldest hand me down ipad with a cracked screen, it hasn't worked in weeks, her message was 8 days ago. I have no money to replace it. I hardly use emails for anything.
I am so paranoid that anything sent to me on line is her way of setting me up to fall.
Showing that she "communicated" and I don't respond. I am not buying it!! Plus my responses would go digging into her past of controlling Christmas and spending anyways, and my opinion being ruled over.
Then there's the hypocrisy of her latest email. I put some gifts under the tree last night. I limited my spending drastically from in the past. What do I discover this morning, this..... Her email said, "It is now Christmas Eve and since I haven't heard from you about how you want to handle the presents for the kids, I will go buy something for them so they have something under the tree."
I could have spent thousands on each teenager, and depleted my funding for attorneys. I am not going to buy their love, and do foolish stunts.!
I am not falling for it, or going to respond to it. I will not take the blame for it, like I forced her to wait till Christmas Eve? No......imagine if I ever had that kind of control over her!! I have been watching her take the kids out shopping left and right for days! The kids are asking her for help constantly about getting things for each other! She takes her daddy out shopping.
She sent me an email saying," since I haven't had any input from you on decorating the house, I'm going to go ahead and hang up the Christmas stockings over the fireplace today."
Well....now there are 10 stockings to be filled! Who's going to do that? Who's going to buy all that stuff? (that's a lot of coal!) Just more commercialism, more spending, more "what do I get". And all from emails that I hardly look at! She and the kids probably have a load of things to put in them already.
In a few days it will all be over with! Next year will be different, very different.
Others have far greater problems, thanks for the vent!
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Post by greatcoastal on Dec 24, 2016 15:01:24 GMT -5
Are these emails going to amount to any importance? Is it worth sending them to my attorney, having her spend the time reading them?
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Post by DryCreek on Dec 24, 2016 15:07:18 GMT -5
Are these emails going to amount to any importance? Is it worth sending them to my attorney, having her spend the time reading them? I doubt it. If you were the judge, would you care who decorated the house for Christmas? Or whether a divorcing couple was unable to collaborate on Christmas shopping? I would think you'll get further in your case if you avoid the petty details. The court must get sick of hearing all the bickering and whining. But, it's an easy question to ask your lawyer if there's any value in you forwarding them to her.
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Post by bballgirl on Dec 24, 2016 15:25:49 GMT -5
Are these emails going to amount to any importance? Is it worth sending them to my attorney, having her spend the time reading them? Nope!
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Post by greatcoastal on Feb 22, 2017 17:41:39 GMT -5
I was sent an email from my STBX's new attorney the other day asking me for supplemental interrogatories. 24 questions. All about money. Money deducted from taxes for rental properties, salaries and hourly wages going back to 1980. Most of my answers where simple. No, No, none, zero, All listed on our tax returns.
My attorney had to email the new attorney stating Florida law telling her that only ten questions can be asked, objecting to the 24 questions, and that any information dating back that far is a breach, and would require subpoenas which my STBX will have to pay for. That ended that. It also showed that her attorney does not know what she's doing, and they are grasping at straws.
My temporary relief, (long overdue) and a request for a speedy trial is coming on 02/28. Finally! The long delay just gives me more evidence to my STBX's behavior, and opportunities to uncover more and more illegal moving of funds.
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Post by Copernicus on Feb 23, 2017 20:19:04 GMT -5
Sincerely hope you get everything you need / want. So sorry that your STBX is such a bitch, but hopefully, it will soon be behind you and you can get on with your life. Best wishes. Hang in there!
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Post by DryCreek on Feb 26, 2017 17:42:49 GMT -5
The long delay just gives me more evidence to my STBX's behavior, and opportunities to uncover more and more illegal moving of funds. Congrats on the progress, and good luck! It seemed really likely at the outset that she was hiding things - what have you discovered? Have you hired the forensic accountant yet? Incidentally, I read a story recently about a woman who won a chunk of money in the lottery and immediately filed for divorce. But she hid the fact that she'd won the lottery. When it later came out, the court awarded 100% of her winnings to the ex for trying to conceal funds.
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Post by Dan on Feb 27, 2017 8:49:37 GMT -5
The long delay just gives me more evidence to my STBX's behavior, and opportunities to uncover more and more illegal moving of funds. Congrats on the progress, and good luck! It seemed really likely at the outset that she was hiding things - what have you discovered? Have you hired the forensic accountant yet? Quick caveat about the "forensic accountant": they cost money. Sometimes LOTS. My brother and sister-in-law just went through a messy divorce. She was sure there was infidelity on his part, she was also sure he had squandered $50k to $100k on the mistress. To my parents, he admitted he probably spent maybe $10k on her. But my SIL was so crazed in her hunch that he had surely spent more, she may have spent $40k on forensic accountants! Money down the crapper, if you ask me. I -- personally -- may even have fomented this. I actually like my SIL (interpersonally) better than I like my brother. So one time when she was ranting privately to me, I probably encouraged her to get to the bottom of everything. "Get the bank, IRA, and college savings statements, and have someone look them over." I wasn't taking sides on the marital situation, but if they were going to split, I think it should be fair. (I was going to be madder at my brother for screwing her financially in the divorce than I was indignant about his screwing not-his-wife on the side...) Anyway, I'm SURE I don't have the full story (almost everything I hear about their situation is second hand, and the "he said/she said" details differ wildly). But there is a lesson or two in there. W.R.T. this thread, I guess I just want to point out that a forensic account can be pricey. Make sure you know what you are paying for and the expected return; no sense making a bad financial decision in the midst of what is already a bad marital situation. Hate to say it, but sometimes the financially optimal course of action is simply "cut your losses ASAP". (Please note: greatcoastal , I don't know your details; not saying you in particular shouldn't. Just a "caution flag" for all who read this far.)
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Post by greatcoastal on Feb 27, 2017 11:37:13 GMT -5
Congrats on the progress, and good luck! It seemed really likely at the outset that she was hiding things - what have you discovered? Have you hired the forensic accountant yet? Quick caveat about the "forensic accountant": they cost money. Sometimes LOTS. My brother and sister-in-law just went through a messy divorce. She was sure there was infidelity on his part, she was also sure he had squandered $50k to $100k on the mistress. To my parents, he admitted he probably spent maybe $10k on her. But my SIL was so crazed in her hunch that he had surely spent more, she may have spent $40k on forensic accountants! Money down the crapper, if you ask me. I -- personally -- may even have fomented this. I actually like my SIL (interpersonally) better than I like my brother. So one time when she was ranting privately to me, I probably encouraged her to get to the bottom of everything. "Get the bank, IRA, and college savings statements, and have someone look them over." I wasn't taking sides on the marital situation, but if they were going to split, I think it should be fair. (I was going to be madder at my brother for screwing her financially in the divorce than I was indignant about his screwing not-his-wife on the side...) Anyway, I'm SURE I don't have the full story (almost everything I hear about their situation is second hand, and the "he said/she said" details differ wildly). But there is a lesson or two in there. W.R.T. this thread, I guess I just want to point out that a forensic account can be pricey. Make sure you know what you are paying for and the expected return; no sense making a bad financial decision in the midst of what is already a bad marital situation. Hate to say it, but sometimes the financially optimal course of action is simply "cut your losses ASAP". (Please note: greatcoastal , I don't know your details; not saying you in particular shouldn't. Just a "caution flag" for all who read this far.) True it does get expensive and has not been a black and white issue....yet. There seems to be more waiting, and more proper questions that need answering. When I have spoken to a forensic accountant, and a financial planner, they both advised me to wait. Wait until there's a better understanding of what exact information my attorney will need, and when. It will most likely require information and cooperation from my STBX. That could mean more subpoenas, and interaction with her attorney. Just a trip or two to the bank has uncovered quite a lot, and our tax returns dating 4 to 5 yrs ago will show much of what's needed. Come tomorrow I hope that my attorney will have a better understanding of what the judge is looking for and we can proceed forward.
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Post by baza on Feb 27, 2017 20:15:57 GMT -5
Re - engaging a forensic accountant. It IS expensive, and unless there was some pretty strong indicator that your spouse was hiding assets at significant levels (as Brother greatcoastal strongly suspected) then I wouldn't bother. It is again a reinforcing arguement that as an adult, you need to know the state of your finances, your spouses finances and the joint finances at any given moment in time. And this applies whether your marriage is "made in heaven" or an ILIASM shithole.
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