A different approach to spousal support

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juniemarie

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I live in a community property state. Have fired my attorney and in process of having consultations to find new attorney.
Background: 35 yr marriage,I am 63, was a stay at home mom mostly, health problems keep me from ever working. Divorce in progress, just exchanged interrogatories, husband did not give all paperwork asked for and we are waiting after second request,it is trickling in.
He is a self employed artist. All money for marital funds comes from one gallery, outside the state. Once he gets the checks from the gallery he has a loosey goosey way of handling his finances, making it almost impossible to figure out where the money is going. He also pads his expenses on the tax forms, and has no receipts for anything. If spousal support is based on the state formula, and they use his net not gross, I will not get enough money to live. Were talking just the basics. I can not afford a forensic accountant and he has said more than once to several people he does not want me to have anything if he can help it. Even threatened to leave the state and or country. In other words he is trouble and tricky with money.
The attorney I talked with today said that because he was so difficult, he would by pass alimony, and attach my claim to half the art and have the gallery send my share directly to me.
This sounds intriguing as it would mean I would not be at the mercy of such an unpredictible and apparently vindictive person.
As anyone ever heard of this being done before? The lawyer I fired never thought of it? Would this be a difficult thing to do. Any laws that may prevent doing this? I just wanted other opinions because after my last experience with lawyers I need to be careful not to choose one thats just blowing smoke to get me to retain him
 
Yes, your lawyer's approach has been used.
It is best used in cases such as you describe.
You have nothing to lose, and much to gain.
You really have little else on which to base your claim.
This latest approach is even tenuous, if your soon to be ex-husband keeps his word to abscond the United States!

You do know (or at least I hope you consider it), all your husband has to do is leave the state.
He can go to the state where the other gallery is located.
If he does that, he doesn't have to support you.
He could just walk away.
As an adult, if he stays married to you, he doesn't have to support you.
You might consider negotiating a settlement.
In the end, you might get more from that, than any other approach!
A bird in the hand, if you will.

You might also apply for social security.
I doubt that the bum YOU married paid into social security.
So, you might not be able to get SS anyway.
Because of your health (and limited income), you might get SSI!
 
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A different approach

Than you for your reply. Yes he paid S.S. but he is 4 yrs younger than I am so I will have to wait for that. I'm thinking, or hoping that because he has worked and built up his reputation and following as an artist, and he mainly has made this reputation in one city and at one gallery, that even if he leaves the country, I have a strong feeling he will still send that art back to that gallery. Its not easy to build a following like he has, you cant just start over, unless you have hit the big time, and your fame gets you whatever you want.
What concerns me is this is not just marital income but, marital property also.
If I get regular spousal support, it will be for life probably, but have you ever heard of having a claim to marital property after the marriage is legally over for life? Its a great plan, but it almost sounds too good to be true.....
 
You need to speak with social security.

If you are old enough, you can draw SS from his account, even if he isn't old enough.

Make an appt with SS and visit with them.

You're entitled to take it now.

With your health problems, it's foolish to wait.

What you draw has no impact on him.

And he can't stop you from getting SS.
 
Nothing lasts forever.

That is why people arrange for annities.

Get what you can, while you can get it, before he blows the coop.

You have no control over him or any of this.

You married a bum, but you chose him.

All you can do is the best you can.

Take the money and run, if you can get any.
 
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