Jan L. Warner & Jan Collins
Question: After a bitter divorce proceeding, my husband and I finally reached an agreement. Because he promised to pay off my automobile, credit card, and charge account debt ($25,000) without tax consequences to me, I agreed to accept only $350 per month alimony and took a reduced division of assets. Not three months after the court order, my husband went to bankruptcy count and discharged not only his obligation to pay my debts, but also my property division. This really leaves me holding the bag. I don't want bad credit, but I can't afford to pay these debts on the $350 per month alimony he pays me. Why didn't my lawyer tell me about this? Can I get the court to increase my alimony because of his actions?
Answer:Although your ex will surely argue that to increase your alimony will frustrate the "fresh start" objective of the Bankruptcy Code, there is authority that in situations such as yours, family courts will entertain actions to increase alimony in order to achieve equity. In the final analysis, however, the answer to your question will depend on where you live and the wording of your agreement. If your agreement had classified your ex-husband's obligation to pay your debts as part of your "support," the bankruptcy court would not have discharged his obligations. Your situation points up why as much "bankruptcy protection" as possible should be built into any marital agreement. As to why your lawyer didn't advise you of this possibility, you need to ask him or her.
Question: When our parents divorced, my brother sided with my father. Because my mother was an alcoholic and had no one else to turn to, I tried to stay neutral while still offering her support. She received very little and died impoverished in a nursing home. My relationship with my father steadily declined. When my father died, I received one dollar from his will. I now find out that my brother influenced him and turned him against me to get me disinherited. Is there anything I can do?
Answer: Some courts have embraced "intentional interference with an expected gift or inheritance" as a cause of action in situations where one sibling persuades a parent to disinherit another sibling. In some states, this type of lawsuit can be brought before the death of the parent. The damages include emotional distress. You should contact a lawyer where you to find out (a) if the cause of action exists in your state and, if it does, b) what proof you must have to prevail. Divorce can have far-reaching, long-lasting effects - even when you are not directly involved.
Question: After nearly 10 years of marriage, my second husband left me. When I hired a lawyer to help me, I found out that, without my knowledge, my husband had set up a trust with money we accumulated during our marriage -- most of which had been inherited by me and had been kept in a joint account. His son by his first marriage is the trustee. Although it is clear that my husband did this to reduce my share, my lawyer tells me that there is nothing I can do in family court about this. This just doesn't seem right to me. Do you think I should get another opinion?
Answer: Yes, and quickly. There is quite a large body of law that deals with fraudulent transfers, and this appears to be one of them. A family court generally has the authority to bring before it all persons necessary to allow a full decision on all issues. This is called "judicial economy." Otherwise, people going through divorce would find themselves duplicating efforts and expense by litigating parts of their cases in different courts. Each situation depends on the law of where you live.
Generally speaking, it would appear that both your stepson and your husband should be made parties to your suit in family court where, we believe, there is the authority to deal with such a blatant attempt to keep assets from you. If you can't persuade your lawyer to move ahead, we suggest that you find an attorney who knows the territory and will.