Advice on Divorce

[New Landy new life]

Was the % you both are contributing based on what you were earning at the time?

 

If yes, maybe you got a case

 

I am not an expert

 

Yes, it was at the time so she worked far less hours in a week.

 

 

"Take note that your ex can now claim money's from your immediate family if she so chooses. If you can't pay that is."

 

Whaaaat! My brother is busy getting divorced. and is broke. 

Are you sure about this? Time to plan.    

 

 

I have heard this is correct yes.

[Captain Fastbastard Mayhem]

"Take note that your ex can now claim money's from your immediate family if she so chooses. If you can't pay that is."

 

Whaaaat! My brother is busy getting divorced. and is broke.

Are you sure about this? Time to plan.

Only in cases of the maintenance not being paid by the parent, and with a court order, as I understand it.

 

If he's broke now and can't afford any maintenance, Ang the agreement is yet to be finalized, diff story

[Steven Knoetze (sk27)]

"Take note that your ex can now claim money's from your immediate family if she so chooses. If you can't pay that is."

 

Whaaaat! My brother is busy getting divorced. and is broke. 

Are you sure about this? Time to plan.    

 

That is correct, I know because my fiancee's ex is also currently unemployed and she has been advised by her lawyer that she can claim the maintenance from his mom and/or sister if she so chooses.

 

It is better to try and find an amicable solution without court orders but then there is nothing binding either party really.

Also remember that the first family plan and maintenance decree must be well thought through as it is tough to change later on once it is all signed and sealed. My fiancee was very lenient to try and settle things quickly and amicably and now it is becoming a nightmare as many things were overlooked.

 

 

[sawystertrance]

What do you mean ? You mean if it's still to be finalised, siblings can be made responsible? 

[Steven Knoetze (sk27)]

What do you mean ? You mean if it's still to be finalised, siblings can be made responsible? 

 

To my knowledge, at any point. 

So in an agreement where he should pay and doesn't, then a court can be approached to get money from family.

Going into it knowing he can't pay they can then get it from family.

The best would be to go and see a lawyer. This is all 2nd hand information.

Edited January 29, 2019 by Steven Knoetze (sk27)

[Captain Fastbastard Mayhem]

What do you mean ? You mean if it's still to be finalised, siblings can be made responsible?

No. If it's finalised and recorded as I need to pay x per month and I don't, my direct fam can be made responsible by way of court order.

 

But I may be wrong. Consult lawyer ALWAYS in cases like this

Edited January 29, 2019 by Captain Fatbastard Mayhem

[Mousea]

No. If it's finalised and recorded as I need to pay x per month and I don't, my direct fam can be made responsible by way of court order.

 

But I may be wrong. Consult lawyer ALWAYS in cases like this

This is a BS situation.

So if my Moron BIL doesn't pay they can come after us.

 

Not a chance in hell, I will fight this in court tooth and nail

[sawystertrance]

Geez, if I end of having to pay maintenance for my brother's wife, he's going to be in a heap of trouble. Pain too.

[Hairy]

I just can not understand that this could be a law....the family of the chop not paying can certainly not be held liable for the actions of other adults.

 

That is like having a family member who went on a shoot out and died in the process ... now the police have arrested you and holding you liable ... even though you were in Vegas at the time attending the international cog convention for single speeders!

 

 

No. If it's finalised and recorded as I need to pay x per month and I don't, my direct fam can be made responsible by way of court order.

But I may be wrong. Consult lawyer ALWAYS in cases like this

 

 

This is a BS situation.

So if my Moron BIL doesn't pay they can come after us.

 

Not a chance in hell, I will fight this in court tooth and nail

[Skubarra]

I just can not understand that this could be a law....the family of the chop not paying can certainly not be held liable for the actions of other adults.

 

That is like having a family member who went on a shoot out and died in the process ... now the police have arrested you and holding you liable ... even though you were in Vegas at the time attending the international cog convention for single speeders!

 

Grandparents I can kind of understand - especially if they have the means to pay.

 

Siblings - I can't imagine it will be easy to enforce that one unless the brother/sister is a legal guardian of the child. I will certainly fight that in court if it happens to me

[Captain Fastbastard Mayhem]

Grandparents I can kind of understand - especially if they have the means to pay.

 

Siblings - I can't imagine it will be easy to enforce that one unless the brother/sister is a legal guardian of the child. I will certainly fight that in court if it happens to me

Which is why it's a final solution as it can be fought in court. I'd also fight it tooth and nail.

[Captain Fastbastard Mayhem]

Here we go. A quick Google away. Doesn't say anything about siblings, just legal guardians. Which, I suppose, if your will is up to date and your sibling is a guardian, may result in a sibling being responsible.

 

Key word: maintenance order. Which is open to negotiation in the divorce proceedings. So if a maintenance order isn't settled, no problem.

 

[Captain Fastbastard Mayhem]

And further...

 

[Captain Fastbastard Mayhem]

Again, doesn't say anything about siblings.

[Amberdrake]

So i'm doing paperwork tons of it. At the same time as much as I would like to end things amicably the constant barrage of msg's blaming me for things never said or done is really wearing on me. Yesterday I actually managed to get angry for first time since I left, because of what she said. 

 

With all of this I am still trying to be nice so one smiles and calms down and continues right? 

 

One thing I am thankful for right now is that I don't drink cause that would have ended horribly.

[sawystertrance]

I note also with a great sense of relief that it also relates specifically to children and not spouses.

 

Steven Knoetze, did your fiance's ex act on that advice? If so, what happened?

Edited January 30, 2019 by sawystertrance