Author Topic: control freaks 'R' us  (Read 1310 times)

movinon

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control freaks 'R' us
« on: April 19, 2006, 09:22:28 PM »
Well,

I got another e-mail from my atty. today.

Quick synopsis about the taxes - he wanted to file jointly.  I wanted to file seperate.  We never lived together in 2005.  He sent (through attny) a pitiful plea that is would cost him 4K if we didn't file joint.  I said I would file seperate again.  I filed and am supposed to get that amt. back. (Oh, he had me take out $80 per pay checkevery 2 weeks of my pitiful little teacher's salary)

NOW, my attny sends an e-mail saying that if we dont file joint, it is community debt and whatever he owes, I owe half.

#2 in the e-mail is he carries our D on his (rich oil co.) insurance.  We have ALWAYS done alternative medicine except when we ABSOLUTELY HAD TO go to an MD.  Now, he's saying if I go out of network without "checking" with him 1st, I would have to pay 100% instead of the 50% his insurance might normally cover.

I can see it now:

"Ring, ring...Hello, I would like to take our D to _________.  Um, no you can't - she doesn't need that.  Oh please, please daddy butthead."

Jeez that sounds like fun.

Okay really.  Here are a couple of questions I need some help with.

1.  Surely if the income tax is community debt, his spiffy new cars are community property right?  I mean, he bought them after we were seperated, but there's no such thing as legal seperation in my state.

2.  If we used alternative med. in our life together, wouldn't that establish a pattern that he cannot DEMAND be changed?

And one lesson for me here, I got this e-mail late today when I could not call my attny. and say WTF?  I just get to sit w/ the turmoil all night.  My boundary will be to send out these types of e-mail in the a.m. so that we could possibly talk in person.

Movinon
An eye for an eye will only make the whole world blind.

mum

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Re: control freaks 'R' us
« Reply #1 on: April 20, 2006, 02:09:02 AM »
Movinon: My understanding is that in a community property state (like my current, can't wait to get out of here, state), ALL debts AND assets are split down the middle. If your husband has an expensive automobile that is paid for (as in an asset, not just a debt) then you are entitled to half of it's value. Your attorney needs to tell you what you are responsible for and not. I know plenty of people, who just before filing for divorce, go buy an expensive car, because after filing, they would be solely responsible for that debt. At least that's what I was told 10 years ago (but I "couldn't" do that.....too afraid, actually, and then my car absolutely died 6 months into the seperation (pre divorce) and I had to purchase another by myself!!!)

I am perplexed as to why your attorney can't tell you the whole picture of things, and not just the "uh oh" about the tax issue.
Follow your gut.I honestly think the more I follow my intuition the better off I am.....mostly because the attorneys are the ONLY ones making out in these situations (Oh, yeah, and the NNNNidiots, they just love this fight energy).
 I think my attorney is great, but it never gets past me that while I fight for my freedom, her kids' college fund is growing!  Ask your attorney some very hard questions...tell him or her to look out for you and tell you everything, think of the whole of things, and not just immediate reactions to things....JEEZ louise! I sure as heck do enough of that myself, without my lawyers help. She needs to be the smart/detached one.

AS far as emails, I have made the mistake of opening emails right before bed time (or legal mailings, etc) and it is such a mistake... I am so much better at letting go of the negative energy that just JUMPS off the page/monitor and down my throat....but I know  what I can take and what I can't now. Just don't open any email at night. Only open them when you can talk to your attorney.....or....just open, don't read, forward to attorney and read later.
This is what I told some 1st graders yesterday when the class idiot was bothering them (you know this stuff....teacher stuff...use it on yourself):
"well, honey, what if he was not there? Can you pretend he isn't making those sounds? That's called ignoring. You have my permission to ignore him if you like. You don't have to care about that if you don't want to!"

You probably know I am under attack legally right now. Like never before...and actually, although my ex would like to believe it's directed at me, I've stepped aside...and it is hitting my daughter. 

Nevertheless, the other night I had a very restless sleep, where I felt lots of negative energy coming AT me. In the morning, I was lucky enought to talk to one of my mentors and she helped me picture a glass body....all around me, about  6 inches thick...on the outside of my aura, arm's length out and around me, like a bubble. It's flexible but nothing can get in...that I don't want in.  And tonight, when I had to sit right near the sniveling rodent and his wife at my son's concert, I felt totally protected. And I did it myself, with my own belief and mind.
OH, and this helped, too: I pictured him naked, with his shaved legs (I kid you not) and his bad skin, for everyone to see, with a GREEN "thingy" and I just laughed inside. Then when he and his wife were being innapropriate audience members (as always) thinking they were so "cool" , I just smiled.
I also see that when he rages and gets stomping mad, that he is like a little cartoon, getting smaller and smaller, til his voice is tiny, like a helium voice and he is small enough for someone to just step on, like an annoying bug.

Anyway, your lawyer should be thinking of these things for you (like the car). And if there is anyway to step out of the energy with him....DO IT (like filing seperately maybe) Lawyers are lousy therapists, by the way.

movinon

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Re: control freaks 'R' us
« Reply #2 on: April 20, 2006, 04:03:57 PM »
Thanks bean and mum -

I spoke to my lawyer and apparently it IS balony.  She says the judge CAN'T order me to pay half the taxes b/ it's a federal thing.  ANd yes, his cars ARE community assests as well and any money he spends on any of his gfs.

The sharks are going to court tommorrow to file the papers and I told her that we had always used alt. medicine in our household and I was right - that sets a presadence (sp?).  Why would we change now? 

Another thing I spoke to her about is that I felt like we were on the defensive with them an awful lot and that was a bad place to be w/ a sociopath.  I mentioned that where other people view things as another person being flexible, these people see it as weekness and go for the juggular.

So we have a meeting to go over the finances (w/ my L) and she will let me know when the eval. can see me.

Thanks again for the words of support.

One more thing I wanted to rant a little.  My D always comes home saying daddy has a surprise for her for the next time she goes over.  Do you think he knows she comes home and talks about it and has anticipation until the next time she's w/ him?

Jerk!

Movinon
An eye for an eye will only make the whole world blind.

Gail

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Re: control freaks 'R' us
« Reply #3 on: April 23, 2006, 01:00:47 AM »
One thing to make sure of--that your attorney has filed a restraining order keeping him from moving any assets around, making any significant purchases, liquidating any retirement accounts, etc.  In the early stages, that is crucial.

Also, this is something that hurt me a lot and I would do differently.  XH got ownership of one of our cars that had a loan balance.  Guess what!  He stopped making payments.  To protect my credit, I've had to make the payments on a car I don't own!  I went round and round with the bank, and they won't budge.  Since I also originally signed the loan, even though he was awarded the car, I'm still responsible for the payments.  I'd have to take legal action to force him to reimburse me, and since he can't manage his money, that would probably be futile.  Thankfully, just a few more payments to go.   So, if I had to do it over again, I would insist that any loans be refinanced if he was awarded property that I could be liable for.

If he bought new automobiles, and took loans out on them, check with your attorney.  My XH did the same thing--bought an expensive car as soon as he left the house, and while we were still married.  I called up the car dealership, and told them I absolutely did not approve of the loan he took out.  Since I didn't sign anything, they told me I wouldn't be responsible, but you might want to check on that for sure. 

Also, ask your attorney how you can protect yourself if he runs up credit card debt while you are separated, but before you are divorced.  I called all the credit card companies and told them to take my name off any that he had originally opened, and I got him off credit cards that were originally in my name. 

Another thing.  XH is supposed to pay 50% of the children's medical bills.  He hasn't been doing so.  I talked to the enforcement office, and they said I have to resend him copies of all the bills, this time by certified mail.  Then, if he still doesn't pay anything, I guess they may garnish more from his wages.  Fun and games!   So, make sure you send him copies of any bills, never the originals, as you might need to copy them again.

Hang in there.  All this is a hassle, but it sure beats still living with the man. 

Gail
« Last Edit: April 23, 2006, 01:03:16 AM by Gail »

gratitude28

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Re: control freaks 'R' us
« Reply #4 on: April 23, 2006, 10:03:23 PM »
Good luck Movinon. No advice from here, but the other advice you were given sounds on target. I wish you a speedy resolution and much distance from your ex.
Love, Beth
"There is a theory which states that if ever anyone discovers exactly what the Universe is for and why it is here, it will instantly disappear and be replaced by something even more bizarre and inexplicable." Douglas Adams