Bootsie
recently joined
Reged: 04/22/07
Posts: 15
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My STBX is self employed and I am considering that role in the upcoming Mediation. In a 50/50 split situation may I request that the business be part of the martial property? The business is consulting so it really would be computer and business equipment, but I wondered in this scenario if there was anything else to consider or possibly overlook. I appreciate any advice, thanks.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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Are you saying you want half of the property in a divorce? Assuming you have children and want child support, where will dad get the money to pay the child support if you get half of his equipment? Or are you saying you want the business included so that you can get some of the profits?
Did he begin the business after y'all married or did he already own it when y'all got married? Did you participate in running the business or were you a sahm, or did you have a career independent of the business.
Need a little more information please.
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Eternity is too long to be wrong.
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Bootsie
recently joined
Reged: 04/22/07
Posts: 15
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Background: STBXe has been self employed since before the separation, but never worked a job with benefits. My career made me the major wage earner carrying all the benefits. I have no participation in the business, but STBX has withheld income to buy new equipment etc., and make decisions regarding the business deceptively. My question is that all things, including property, being equal, and since I was liable for debt in the business, should this not go on the tabel as martial property? I already pay 100% child suppport.
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smead
recently joined
Reged: 05/18/07
Posts: 1
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I'm kind of in the same situation.
1. Spouse owned company before marriage (10/2002) but started new one after marriage (Sole-proprietorship). New company started in 2006. Started due to the fact that one part of old company was doing better than the other and decided to focus all attention on the money making portion of company plus needed name change to reflect trademark that was filed after marriage.
2. I have worked and been receiving bi-weekly paychecks from company since 4/1/04 and have contributed over 75% of the profit to the company due to internet/ebay sales. I also keep his books, file taxes, pay payroll, marketing, sales and am a big contributor to the decision making in the business growth.
3. The company is run from our property (home) which was purchased after the marriage.
4. He has accused me of infidelity with a co-worker (sexual-harassment on mine or the employee part?)
At this point I am trapped. If I leave, I have no home and no job. I'm concerned that the co-worker will file sexual harassment and end up suing the company (him/us) and winning everything. No, there has been no infidelity at all anywhere on my part. I have a daughter from a previous marriage so there is no chance of child support but I still need a way to support myself and her. Working for him has allowed me to be here for her and take off when I need to to tend to her or school functions. I am not willing to give up my home. When we first bought this place 3 years ago he suggested we live in a travel trailer till our house was built. I insisted on a mobile home because I was not sure we would be able to build that quickly due to fluctuations in the business. It's been 3 years now and I'm still living in a single wide trailer but at least it isn't a travel trailer.
I'm still willing to work for him if he is capable of maintaining a business relationship. It's kind of a long story but essentially he agrees that he married his secretary (me) hoping it could grow into more. I married him because he offered stability and the chance to be active in my daughters life. I don't think there will be too many hard feelings. It seems it was a business relationship from the start.
I've worked my butt off to promote, market and make sales for this company and it has paid off (I am the top sales rep). I also got the trademark for our product we manufacture and he couldn't have done it without me or without at least spending $1,000's of dollars to do so. I just want to know where I stand in all this. What am I entitled to and how do I go about getting it?
Desperate in Texas
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