jumbledone wrote:I am actually working on informal discovery requests from STBX's counsel (literally right now). I am pulling up statements of all things up to a year ago, so depending upon your time horizon, you may be required to disclose any movement of monies. I figure if I don't do this, it will be compelled at some point.
hoosier_dad wrote:First thing to keep in mind in Indiana case law is that attorney fees are awarded based on who can pay and not necessarily what is fair. Taking marital funds and using it to pay your legal bills is a pretty good way to get awarded your STBX's attorney fees as well. Along with that you don't want to go into court looking like a rose financially with no credit card debt etc. Judge looks at poor STBX struggling to get by and you with paid off credit cards and who do you think the judge might assign attorney fees to?
If your 16 yr old wants to live with you primarily and is willing to voice that wish then it will most likely happen. Indiana child custody laws do take into account the child's wishes and gives more weight to those that are 14yrs and older. This dovetails nicely into you keeping the house as well.
Here_We_Go wrote:I talked to my lawyer yesterday about taking out money from accounts in my name only and our name she said do not do it because it looks bad (e.g. trying to hide marital assets). If STBX (soon to be ex) does it she will look bad.
hoosier_dad wrote:Here_We_Go wrote:I talked to my lawyer yesterday about taking out money from accounts in my name only and our name she said do not do it because it looks bad (e.g. trying to hide marital assets). If STBX (soon to be ex) does it she will look bad.
It's not really the moving of assets to protect them that is the issue, it's using them for things like paying your attorney that could get you in trouble. Not recommending this for everyone, but I removed 100% of the marital funds into an account I controlled. The money was not touched in any way until our settlement and did not impact my case negatively. Some judges would hammer you if you took more than 50%, but in my case since I could show that the money was not touched the judge didn't even consider it an issue.
This is one of those items that can vary widely state to state and judge to judge, but I'm betting most will hammer you pretty hard if you pull out the marital funds and use them to pay your attorney.
hoosier_dad wrote:Do both you and your wife work full time? If so what are the earnings differences?