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State Specific Community Forums >> New York Issues

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Andrew17
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Reged: 04/18/09
Posts: 4
Im a son of the divorce i need help
      #523969 - 04/18/09 06:36 PM

I live in newburgh ny and my dad was able to hid all his earnings in a self employed business he made a couple hundred thousand in the past couple of years and convinced the judge its only worth 60 so were only getting 13000 or something were going to have to pay him money in the end and he isn't being forced to pay for payments made on shared credit cards or anything im in jeopardy of losing my home as well as the financial comfort to continue with college, im a freshman. Is there anything or laws or things to make him sell the business or tell the truth thanks and hurry my mom has court in a couple of days

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BB1
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Re: Im a son of the divorce i need help [Re: Andrew17]
      #523984 - 04/18/09 07:29 PM

Awwww Andrew, you're the son. You shouldn't be involved in the property and financial issues of your parents divorce. It's really a sucky deal for kids, especially those who get told too much. I'm a big fan of sheltering the kids. But...you are a young adult. How do you know so many details? Has your mom been sharing information with you? Have you talked to your dad about it? I don't know anything about NY law but I'm going to ask my friend from NY, who is very intelligent on NY law if she can give you some help.

I'm really sorry you have to go through this, Andrew.

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Andrew17
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Re: Im a son of the divorce i need help [Re: Andrew17]
      #524017 - 04/18/09 09:01 PM

i ready the letter i live with my mom and i dont speak to my dad he cheated on my mom and left with her. As far as that goes hes definately doing money laundering # Money paid from the business to someone close -- such as a father, mother, girlfriend or boyfriend -- for services never rendered. The money will no doubt be given back to
your spouse after the divorce is final. He gave my grandma money for loans ive never heard about, and he sold all his equipment and ive heard of the term Kickbacks

An insider agrees to sell assets to a purchaser who has agreed to pay the insider a kickback. The purchase price disclosed in the motion to sell is less than the price agreed upon by the insider and the purchaser. When the sale is completed, the debtor receives the difference between the court approved price and the undisclosed sale price.


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Andrew17
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Reged: 04/18/09
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Re: Im a son of the divorce i need help [Re: BB1]
      #524020 - 04/18/09 09:17 PM

[quote]Awwww Andrew, you're the son. You shouldn't be involved in the property and financial issues of your parents divorce. It's really a sucky deal for kids, especially those who get told too much. I'm a big fan of sheltering the kids. But...you are a young adult. How do you know so many details? Has your mom been sharing information with you? Have you talked to your dad about it? I don't know anything about NY law but I'm going to ask my friend from NY, who is very intelligent on NY law if she can give you some help.

I'm really sorry you have to go through this, Andrew. [/quote]


Thank you


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preemiemom
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Re: Im a son of the divorce i need help [Re: Andrew17]
      #524141 - 04/19/09 09:03 AM

Hi Andrew. I'm from NY and have some experience with divorce/child support here. Just my own and friends, I'm not an attorney or anything. Just prefacing my response with that.

If your dad is self-employed, unfortunately, the child support guidelines worksheet DOES allow quite a few deductions to earn that income. You may be shyt out of luck on that count without your mom hiring a forensic accountant to comb through his books to determine what is legitimate, versus what is not.

A girlfriend of mine, her ex-boyfriend is self-employed, and pays very little child support compared to his income. Has a new Corvette, a new big old pickup truck "for the business", etc etc etc. I think all told, his income turned out to be $25,000. Know anyone who makes $25K who has a brand new Corvette? Probably not.

Not sure what else to say other than she may indeed get the short end of the stick. Child support, if you're in college, can go to 22. 21 is the legal age as long as not emancipated (but not necessarily in college). Your dad should be paying his pro-rate share of that child support, which is based on 17% of his and your mom's collective incomes.

College is not a given. Technically a judge doesn't HAVE to address college at all. It is something that can be addressed, but I think is typically something the parties do (or don't) agree on in their settlement (if they settle).

I think a strike against your mom is your age as well. You're not a "minor child". You're an adult college student.

Does she have an attorney? Has all this already been decided by a judge?


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