Question: At the time of our divorce seven years ago, I was awarded the house and other non-liquid real estate (and the debt that went with it) which my wife refused to take because she wanted - and received -- most of the cash, stocks, and bonds. Based on our incomes at that time, I agreed to pay alimony and child support. I struggled to make the payments and service the real estate debt because the property was not income-producing. When our child completed college and my obligation for her support was terminated, my wife took me back to court for more alimony. Based on what we can determine, she made some bad investments and says she needs more money.

On the other hand, although my income from employment has increased slightly, I was able to sell some of my real estate at a profit on an installment basis and am receiving monthly payments of principal and interest. My wife's lawyer is saying that for the purpose of paying more alimony, the entire payment is fair game, which I don't think is fair. Why should I be penalized because my former wife made bad investments and because I was diligent and worked hard?

Answer: You shouldn't. When you sell real estate - other than your personal residence - at a profit, you will have to pay capital gains taxes on the difference between your cost basis and the sales price. When you sell on an installment basis, you will also be taxed on the interest income you receive. While return of principal should not be considered in an action to increase alimony, the interest payments will be.

While we do not believe that the fact that your wife made bad investments should in and of itself entitle her to an award of increased alimony, the final decision is up to the judge. In order to prepare, we suggest that your hire a certified public accountant who will be able to determine exactly how much you put into this property over the past seven years in order to show the court the true economic picture.

Question: Before my mother's stroke which left her incapacitated and in need of full-time care, she and my father had marital problems for years. He abused her, drank to excess, and had an unending string of girlfriends. Even though my mother told me and many of her friends that she wanted a divorce, she was afraid to go to a lawyer because of my father's threats and abuse. Because my mother had no power of attorney or health care document when she became ill, my father has insisted on becoming her guardian and conservator so he can make her health care and financial decisions -- even though he has moved his girlfriend into the home he and my mother shared. There is insurance on her life payable to her estate, and she has money she inherited from her father in accounts titled in her name. I am concerned that my father's decisions may not be in my mother's best interests -- either medically or financially. What can I do to take over? Can my mother get a divorce and support from my father?

Answer: Based on the facts as you recite them, your father appears to have a classic conflict of interest which should prevent a court from allowing him to serve in any decision-making capacity concerning your mother. Since the duties of guardians and conservators -- and for that matter, those of an agent under a power of attorney -- are fiduciary in nature, assuming you can prove what you describe, it appears to us that an objection to your father's appointment should be well-received by the court and that, if you are found to be the proper person, you should be appointed.

Your second question about a divorce is more difficult. Since divorce is a personal matter, the majority of states do not allow guardians for incapacitated people to initiate divorce actions without some specific statutory authorization. A few states have allowed guardians to file for divorce when, before incapacity, the incapacitated person had been abused by the spouse, had been neglected by the spouse, and had stated a desire to end the marital relationship. However, once appointed as guardian, you should be authorized to bring a suit for property division and support from your father on your mother's behalf.

We suggest that you hire a good lawyer to help you become appointed guardian and conservator. Have him or her research the law of your state about divorce and support actions. And, finally, before considering a termination of the marriage, look into how that may affect payment for your mother's long-term care. And remember, so long as they are married, your father is responsible for her "necessaries" which include medical expenses.