QUESTION
Is there a chance to change the agreement from alimony to business percentage amount?
Asked on Mar 18th, 2013 on Divorce - California
More details to this question:
My husband & I started, (with money given to me), managed, and filed partnership returns w/ K1's issued from 1991 (2yrs after start) to 2006 when I became ill & could not work, or keep track of what he was doing. He changed the filing status to sole proprietorship but my name was on all accounts, license, fictitious name statements, etc. My 1st attorney told me "He gets the business you get alimony" so I didn't argue. My husband made a settlement offer 18 months ago then reneged on significant details & won’t sign. Is trying to wait it out till I'm broke & can’t fight him in court. I'm almost there. I want my new lawyer to throw out current settlement offer & start over with me receiving a buyout from husband for my half of business instead of alimony which he won’t pay. He is living off business proceeds in excess of 150,000 per year net & I on $900.00 a month in SSI disability payments. Any advice on what I should do?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Counsel with your present attorney to determine the process account of your present desired change in position. If counsel cannot convince you of the merit of their thinking, then you may wish to seek another attorney.
Answered on Mar 19th, 2013 at 1:25 PM
John Arthur Smitten
If he does not want to pay alimony then you can call it cash to achieve equitable distribution.
Answered on Mar 19th, 2013 at 1:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
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Get a new attorney, if he won't work out a new deal, take it to trial. You will have to pay to have the business appraised. A settlement offer is not carved in stone until it is signed. Ask your new attorney to file for attorney fees and for him to pay for the business appraisal.
Answered on Mar 19th, 2013 at 1:19 PM