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Asked 10/13/2011

My Wife has filed for divorce and in the paper she asking me too pay her half on a loan she taken out of her 401k for house

My wife has filed for divorce and in the divorce papers she asking for me too pay back half on a loan she took out on her 401k to put down on a house we built 5 years ago she started the 401k after we where married and still has it the house is in foreclosesure do I have too pay half the loan back we never had agreement if we divorced nor did I sign any papers saying I pay her back half or any of the loan?

 
 
 
 
 
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Answer 1/8 - Submitted 10/13/2011

She is also asking me too pay half of our daughter dance fees I been paying child support the whole time and paying the amount the child support office said too pay the whole time since I moved out do I have too pay the fees and she asking me too pay her attorney fees and court cost she makes more than me and think I need too get a attorney

 
 

Answer 2/8 - Submitted 10/13/2011

Just negotiate all the demands through your lawyer. Do not agree to piecemeal payouts, or you will find they are endless. What you want is an equitable distribution of joint assets, and a reasonable agreement as to what is necessary for child support.

 
 

Answer 3/8 - Submitted 10/13/2011

Just negotiate all the demands through your lawyer. Do not agree to piecemeal payouts, or you will find they are endless. What you want is an equitable distribution of joint assets, and a reasonable agreement as to what is necessary for child support.

 
 

Answer 4/8 - Submitted 10/13/2011

Just negotiate all the demands through your lawyer. Do not agree to piecemeal payouts, or you will find they are endless. What you want is an equitable distribution of joint assets, and a reasonable agreement as to what is necessary for child support.

 
 

Answer 5/8 - Submitted 10/13/2011

You owe her nothing as far as I can see. It looks to me she is being greedy and is trying to suck every penny out of you. If you are doing the right thing and paying child support then you do not have to pay more money. It is also not your responsibility to pay her attourney fees. If she has chosen to get an attourney herself why should you have to pay for it?
I'd recommend getting your own lawyer and getting them to work out the agreement. Do not do anything or give her anything until it's been discussed and it is always best to keep everything agreed on in writing just in case there are any more disputes in future.
Also it is best to be fair when splitting everything, don't drop down to her level of greed and try to take everything you can get your hands on but also remember that you deserve to have at least half. So make sure that she doesn't make you feel guilt for having what is rightfully yours. You have both worked at it for years so you should both be getting an equal share.

Good luck!

 
 

Answer 6/8 - Submitted 10/13/2011

Marital debt is marital debt, it doesn't matter who's name is on the loan, it goes into the debt column and you split the total. Just like you can claim half of her 401k balance as an asset you'd be entitled to half of, and she can claim half of the paid for car you may have titled in your name. All the assets and all the debts you both have acuumulated during the marriage will have to be fairly divided.

In the end, it may wash with her keeping the assets in the 401k and assuming the debt for it. Depending on how much in total marital debt and assets you have to split and tally. This will all be delt with in your property settlement.

 
 

Answer 7/8 - Submitted 10/13/2011

The fact that your wife makes more than you do should be a significant factor in all these issues of support, her lawyer fees, the dance lessons, and those 401k paybacks.

If you have custody during part of the week, such as the weekends, and if you earn less than she does, then your child support shouldn't be that high, because the court determines it by a formula taking into account each parent's income and expenses, plus the percentage of the week spent with each parent.

It's sounding like your wife is getting paranoid and retaliatory. Family court judges don't want to see wars between parents. It's not good for your child to see, that's why.

You have a right to petition the court for a reexamination of the financial picture since the court's previous support order, in light of changed circumstances consisting of new demands being placed upon you.

As for the 401k, because that was accumulated and borrowed against during the marriage, it's like community funds and community debts, expected to be shared by the two spouses. So you might have to chip in on that.

The attorney fee issue is really a bit much. She's on the attack, no doubt with some ridiculous lawyer getting her all stoked up and ruining what should be a cooperative environment for the good of raising your child.

This is why family courts often ask lawyers not to attend the counseling meetings when the parents try to iron out a good custody arrangement that will work peacefully for the betterment of their child.

Hopefully, the judge will be able to see what's going on and settle the matter fairly. Also, when one party has a lawyer, the judge feels uncomfortable unless the other party does too, and will often offer to appoint a lawyer free of charge if the other party can't afford one.

I believe the fairness of the family courts will settle these extreme demands in your favor. Also, I'm fairly sure that your wife's attorney is the one who's putting her up to all these extraordinary demands. So you should fight fire with fire, because another attorney could hit back at this callous attorney your wife has.

 
 

Answer 8/8 - Submitted 10/14/2011

Yes, you need to find yourself a divorce attorney; otherwise, you are going to find out that you are helpless--like you currently are. Most divorce attorneys offer a free consultation. You will be able to figure out if it will be financially worth it to pay for an attorney.

If your wife makes more than you, there is actually a chance that she could pay for some or all of your attorney's fees instead of the other way around.

As far as the 401K goes, if this money has not been repaid to the fund, you will probably be responsible to pay for half of it, yes.

As for dance lessons, this wouldn't be something that would be considered child support. It also wouldn't be considered as debt or a bill (like credit card bills, medical insurance, etc). An attorney would probably be able to get this zapped off the demands in the blink of an eye.

 
 
 
 
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