QUESTION
can a judge take away my lively hood and force me to sell all of my businesses?
Asked on Feb 26th, 2014 on Divorce - Nevada
More details to this question:
We are about to finalize are divorce for which the decree will be signed by Monday 03//03/14.The judge has ordered all businesses sold and profits equally divided. this will take me down to a zero income making it impossible to pay my child support ($1950) and alimony ($4000) and make a living. divorce lingered for 18 months and we had to vacate 3 court dates because of non performance my ex in order to value businesses. now I feel i'm being punished for her not following through with judges orders.the businesses are franchises and not in high demand and not worth much.My kids are 15 and 14. this order to become incomeless is the worst decision for my kids future. Is this situation appealable? the judges decision was handed down at a settlement conference.
1 ANSWER
CAN a judge enter such an order? Yes. SHOULD a judge do so? The answer rests in the details of the history, not enough of which is supplied to answer meaningfully. Settlement conferences do not usually result in "orders" or anything being "handed down" -- they are proceedings to reach agreements, so something appears to be a bit inaccurate in the recitation.
At minimum, if you have no income, that would appear to be a "circumstance" affecting any orders for child support. Yes, you could appeal any such order, but I doubt you will decide to -- appeals are expensive, lengthy proceedings, and if the problem is lack of time and money, I doubt you could tolerate spending a couple of years and tens of thousands of dollars to get appellate review. See http://willicklawgroup.com/appeals/.
Answered on Mar 01st, 2014 at 12:49 PM