Home based service business, child custody what to expect

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Home based service business, child custody what to expect

Unread postby floridadad2 » Fri Jan 12, 2018 10:41 pm

Ok ,
I'll try and sum this up quickly,
22 year marrs iage, 2 girls 14, 16 self employed one part-time helper, cabinet shop run from 1800 sqft shop at marital home.
One daughter 16 wants to live with dad, younger with mom, girls don't get along at all. Mom has really bashed dad to the girls,younger one buys in as mom spoils her, older one sees the crap for what it is, Mom took over managing 10 rental properties that are marital property held in trust in her name, about $8k a month income.
Worked about 50% of the time building up/maintaining properties over last several years.
Wife has lost her mind, trying to have me arrested for depositing rent checks into joint account that were made out to her many months ago, not acknowledging rents paid to me by tenants before she took over properties, Telling tenants to call the police because I stole there rent, deposits etc.

What to expect? If I can't retain the house it would be a huge undertaking to move the shop and equiptment to another location, not sure it is even feasible to do. She is not wanting to workout anything, she wants it all.
She is spreading malicious lies about me that is further hurting my small business.

Any thoughts?
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Re: Home based service business, child custody what to expe

Unread postby Havalu7 » Fri Jan 12, 2018 11:10 pm

Welcome OP.

And whom are you in this equation?

Edit: Sorry small print on phone and no cheaters nearby.

Need to bail but stay tuned for some responses as we have members and lurkers from both coasts and beyond.

What is your goal if you could have your wish?

In fact we have some guys who. have went thru similiar issues with business and work shops on site.

Stay tuned. ..
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Do not move out of your house.
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Re: Home based service business, child custody what to expe

Unread postby floridadad2 » Fri Jan 12, 2018 11:22 pm

I'm the dad/husband, with the two daughters, and workshop,
I filed the beginning of december 2017 after my wife said she wanted a divorce in october and took several thousand dollars to hire an attorney, then did nothing except attempt to disparage me to my daughter. I would like to remain in the house that I built and the shop that I run my small business out of. I would like some of the rental properties that I renovated and maintained, and I want my daughters to be able to live with whom they want and work out a plan that is flexible for teenagers to live a reasonable normal life. I would like to say that I would like to get along with my stbx but don't really see that as an option and with the horrible things she has told my children and people around them I'm not sure it will ever be a civil relationship as she really holds a grudge and is most perfect in every way.
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Re: Home based service business, child custody what to expe

Unread postby Tx295 » Fri Jan 12, 2018 11:30 pm

Welcome! As I'm sure you've found out, there are are some valuable resources here on the boards. Stick around and some of the vets will chime in on the complexities of your situation.

First things first.... get a digital audio recorder NOW! Check out the technology section for some recommendations. Personally I used a Sony PX440. It will cost you about $50 at BestBuy. If she's spreading lies about you around town and affecting your business I wouldn't put it past her to make a false DV accusation. Protect yourself by keeping the recorder running discretely in your pocket 24/7.

Second, maintain radio silence. "Yes, dear" and "No, dear" go a long way to keep her off your back and her guard down while you formulate your plan. Do not tell her anything about your plan! When you're ready you'll be extremely well prepared to execute your plan.

Stay plugged in and you'll hear from the other guys soon enough!
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Re: Home based service business, child custody what to expe

Unread postby astrolink » Sat Jan 13, 2018 12:11 am

Are you from Florida as your name suggests?

I'll start with assets. How much equity is in the all the rentals combined? How much equity in the family home.

Are there other assets, such as retirements, bank accounts (no matter whose name they are in), ect. How about cars, boats or other similar items. What is the value of all your shop equipment?

Does your wife have a job? What are your respective gross incomes, as shown by tax return?

As for custody, FL is apt to award shared custody, although a desire to separate the children is not what the courts want to do.
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Re: Home based service business, child custody what to expe

Unread postby floridadad2 » Sat Jan 13, 2018 12:23 am

Yes, florida

the rentals are worth around $950k all paid for.

The marital home is $425K, 50k mortgage.

about $80K in credit cards / tools maybe $10 to 15k. 529 plans for the kids $30k. Savings bonds from grandparents she has taken not sure of value maybe $5k.

Couple cheap boats, $2k, I drive an 04 chevy truck $4k, she drives 2017 Toyota Camry, owe $22k


Not much else,

She has worked as a computer engineer but quit and did some freelance work since. claims she hasn't worked since 2011.


My business is maybe $30/40k a year, the rental income was the primary source of income for me.
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Re: Home based service business, child custody what to expe

Unread postby astrolink » Sat Jan 13, 2018 8:22 am

From what you wrote, you have around 1.275m to split, or around $637K each. You can split that anyway you please, whether that means selling rentals, keeping them to generate income or whatever you please. It sounds like you may be able to keep the family home and having a rental or 2 to generate some income.

As for the $8K in rents, you should be entitled to 1/2 that money during the divorce proceedings.

As for Alimony, I would fight it as you don't earn very much.

Beyond the financials, have you given careful thought as to custody of the children? The courts are going to look at keeping them together, unless you and your ex agree to something else, which the courts may or may not approve.

Did you say you already have an attorney? If not, you need one now.

A previous poster talked about getting a recorder in your pocket at all times (and not telling your wife about it). Do you understand the importance of this?
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Re: Home based service business, child custody what to expe

Unread postby floridadad2 » Sat Jan 13, 2018 6:02 pm

Thanks for the input, I do have an attorney and they filed for me, we are in the process of doing property declarations, etc. Mediation is the next step from what I'm told. completed the 4 hr parenting course. She is not offering any of the 8k monthly, she is making her $400 monthly car payment, but says she doesn't have the $1400 mortgage payments, good thing the mortgage is in her name only. I wish it was as easy as it sounds, but with her mud slinging to the kids and anyone else that will listen it seems like she wants blood, mainly mine, reading many of the post online seems the guy gets screwed very often, she is claiming I make 250k a year and I hide all my income, as well as steal from the family all the time and have barrels of money hidden away. Its just not true, I always supported her and the kids, paid the bills while she was off spending thousands a month on tennis lessons and time at the country club, doing pageants with the younger daughter running around the state chasing a modeling pipe dream that we really can't afford.
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Re: Home based service business, child custody what to expe

Unread postby astrolink » Sun Jan 14, 2018 1:56 am

Whatever you have declared as your income for tax purposes is the amount the court is going to use, unless she can prove otherwise.

The courts are not going to give her all the assets, regardless of what her wants are. They are going to be split approximately 50/50.

Her "tennis lesson" days are over. She may have to get a job so she can eat in the future. But, that should be none of your concern.

It's also important that you have a hearing soon to get a share of the $8K. That income should be split now (at least net after all payments are made).
Last edited by astrolink on Sun Jan 14, 2018 10:33 am, edited 1 time in total.
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Re: Home based service business, child custody what to expe

Unread postby SoxFan1986 » Sun Jan 14, 2018 9:19 am

First step is not to move out of the family home. Second step is to get a digital voice recorder. The digital voice recorder is meant to protect you from false DV reports. False DV reports will get you kicked out of the house. Stay positive and be the best dad you can.

Any thoughts on renting some shop space? secure your tools and livelihood offset.
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