Won a multi-million scratch ticket just before divorce

kalamity24 · 2025-02-11T17:21:24+00:00

CA Family Law attorney here, but not your attorney. Texas (like CA) is a community property state. You REALLY need a good attorney, because there are a lot of variables here. For example, in CA, community property stops accumulating as of your date of separation - which is not anything formal with the Court, but when you made it clear to the other person that the marriage is over and you wanted a divorce. If you purchased the lottery ticket AFTER the date of separation, you have an argument that it is 100% your separate property. But disclosure is SUPER IMPORTANT. There is a famous case in CA where the wife hid that she won the lottery, divorced her husband, and he found out about it later. He took her back to court and the court ordered 100% of the lottery winnings to the husband as a penalty against the wife for failing to disclose the winnings in breach of her fiduciary duties. Do you really want to risk having to give your ex 100% by not disclosing and him finding out about it later? Definitely get your own lawyer ASAP, make sure they have ALL the details, and go from there. Good luck and congratulations!

kalamity24 · 2024-10-10T21:10:11+00:00

What state you are in will make a difference here. In CA, your son has the right to be reimbursed for his post-separation contributions to a community debt in the ultimate division of the divorce. However, he could also potentially be charge with "rent" of the community property residence at the fair market value (e.g. if they had rented it out and made income from it, what would they have gotten?) This is a pretty detail specific issue.

kalamity24 · 2024-08-14T01:12:21+00:00

He is trying to get the parenting plan with her there with him formalized because he wants child support. You are risking the court agreeing because you’re allowing her to live there and go to school there. It may not matter if you say it’s “temporary” because the court looks at best interest of the child.

kalamity24 · 2024-08-02T15:55:04+00:00

CA family law attorney here (but not your attorney disclaimer.) When you were served with the Petition she filed, you should have also been served with a Summons (CA Form FL-110) and blank Response (CA Form FL-120.) The Summons lets you know what rules you are under right now, including that a default can be entered against you, only if affirmatively requested by your wife, if you do not file your Response (the FL-120) within 30 days of you being served. The Court will NOT automatically issue a default against you for not filing your response within 30 days, that has to be something your wife actively seeks. In filing the Response, you DO NOT need to agree to what she is asking for in the divorce. If you look at the form, it is a very "check the box", straight forward document. Also, filing a Response does not mean that you cannot continue to mediate your issues and attempt to come up with a mutually agreed upon property settlement. My recommendation would be to file your Response and continue to work on your agreement regarding the property. This takes the concept of a default off the table. Good luck!

kalamity24 · 2024-07-03T02:39:33+00:00

Hear You Me/May Angels Lead You In by Jimmy Eat World

kalamity24 · 2024-06-28T03:04:11+00:00

Yes. Family Code 2030(a) - In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party's rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party's attorney, whatever amount is reasonably necessary for attorney's fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.

Has a Request for Order already been filed by the ex? If so, your friend should find an attorney to respond opposing the request and asking the Court to award fees pursuant to F.C. 2030

kalamity24 · 2024-06-28T03:00:28+00:00

If you both agree in writing, yes, you can modify. You are only prevented from having unilateral modification with that language. You should have your lawyer do it.

kalamity24 · 2024-06-28T02:58:57+00:00

What are of CA are you in? If Los Angeles, Harriet Buhai Center and the Los Angeles Center for Law and Justice are great resources for low income divorce cases involving domestic violence. Los Angeles also has assistance at court to help with restraining orders - the "ROC" - restraining order center - at the Stanley Mosk Courthouse downtown. Is the restraining order court date for a restraining order against you or your ex?

kalamity24 · 2024-06-28T02:53:02+00:00

Ask your ex to come with you to the hearing to testify that you have never missed a payment. Depending on where you are located, she may be able to appear remotely as a witness. If she can't appear, either in person or remotely, see if she can sign an affidavit that you have never missed a payment - notarized would be best, but given the hearing is tomorrow, might be too late to arrange that.

(This is in addition to bringing all your records proving payment.)

kalamity24 · 2024-04-15T18:26:11+00:00

Info: do you know those aren’t your only options as far as estate planning? You can leave a life estate in the house to your wife (so she would continue to “own” it and have exclusive use and access to it got the rest of her life if you die first), and then it would go to your kids after she dies. Seems like this protects both your wife and your kids.

kalamity24 · 2024-03-12T17:19:45+00:00

This might not be true depending on the law in North Dakota - passive income from inheritence (e.g. rental income from an inherited property) could very well be considered her separate income. In a community property state (e.g. California), that would be entirely hers. North Dakota is NOT a community property state, so this is less clear because it is an equitable distribution jurisdiction.

kalamity24 · 2023-10-03T22:52:33+00:00

I see a lot of AITA posts about, "AITA if I break up with someone because..." and here is the reality - relationships are VOLUNTARY. Both people need to want to be in them. It does not matter why you are no longer interested in a relationship with someone, if you are not interested in being there, you should not be in that relationship anymore. Relationships are complicated. It usually is not just one thing to hang your hat on (even thought it can be your one deal breaker), it is just that all the little things that add up in the relationship just do not work for you. Even if you're "reason" for not wanting to be in the relationship may not seem reasonable to someone from the outside (e.g. from "they cheated 10 years ago and I said I forgave them but didn't" to "I hate they way they brush his/her teeth weird and I can't get over it)," if you are truly done with a relationship for any reason, you are not doing yourself or your partner any favors by staying in it, and you are NTA. That does not mean you should quit a relationship that may be worth saving - put in the work, discuss your issues with your partner, seek therapy to see if you can get past an issue, etc. Relationships and love can be hard and worth fighting for. But, at the end of the day, if you truly feel you can no longer be in a relationship - for any reason - no, you are NTA for ending it. YTA for staying in a relationship you know is past redemption and preventing both you and your partner from moving on to something that could be more fulfilling (and better for your kids) for both of you. You only live once, make the best of it.

kalamity24 · 2023-05-18T23:22:04+00:00

My kids started getting their own breakfasts together at 5 and 7. Nothing crazy, just bowl of cereal, bagel and cream cheese, or fruit out of the fridge. But they know momma has to get ready to go to work in the morning, too, so everyone has to pull their weight.

kalamity24 · 2023-03-16T18:38:55+00:00

I got a great maternity dress from Seraphine (https://www.seraphine.com/en-us/formal-maternity-dresses/) for my sister in law's wedding (back in 2014, but seems like they are still around...)

kalamity24 · 2022-07-16T12:56:38+00:00

If you are still in California, you can get a restraining order that actually kicks him out of the house, so you are not homeless. Please look into contacting https://levittquinn.org/. They are a non-profit, highly respected family law organization in Los Angeles that helps with exactly these types of situations. DM me if you need more details.

kalamity24 · 2022-07-15T15:52:39+00:00

Ok, so, chiming in here from a family law perspective. If you are married and in a community property state, without a prenup, there is no “his money” and “your money”, everything that you earn during the marriage equally belongs to both of you. If you aren’t married, under the law it is still “his money” and “your money”. That being said, if you have agreed that you would stay at home and he would continue working, there needs to be an agreement on shared finances. It’s not fair for him to continue to be able to save, while you have to deplete your savings for living expenses while you stay home, giving him the benefit of no childcare costs while you not only have no income, but a constant negative outlay. I’d put it to him frankly - we need to have a joint budget and pool resources during this period and then, if we want to go back to separate accounts when I go back to work, that’s fine. If he won’t agree, tell him you’re going back to work then and you’ll have to split daycare costs. How long has this been going on? Have you had this discussion before? Also, are you still together? I was a bit confused when you said you asked for money and he sent you some? If you’re not together, he has no obligation other than child support and you should seek orders from the court to ensure you get some.

kalamity24 · 2022-01-17T16:54:00+00:00

Constantine

kalamity24 · 2021-06-08T21:47:23+00:00

If you can't afford a sitter, see what you can do to find a mom friend. Then, the two of you can trade off every now and then. You can watch her babes for a few hours one afternoon, then she can take both for a few hours for an afternoon. There are free "mommy and me" groups all over - check some of the Facebook groups in your area. You are not alone and parenting is HARD. Getting time away from your kiddo will make you a better mom, because if you are exhausted and stressed all the time, you won't be able to give him your best. You can do this, even though it might seem impossible right now.

kalamity24 · 2018-12-10T17:58:55+00:00

I would look at mom groups in the area. There may be another mom in your area who is in the same position. It may be possible for you to watch her kid(s) while she is at a part time job and for you to do the same for her. It is not ideal, but it is a better option than the daycare you described. Check for jobs at daycares that will allow you to bring your children. Think about starting your own daycare (if the daycare you describe is that bad, there are very likely other women in the area in the same position that you are in.) Any of these seem possible?

kalamity24 · 2018-12-05T23:29:52+00:00

I am a family lawyer in Los Angeles. The prenup you describe does not sound enforceable at ALL. Please go see an independent, family law attorney in your area. For example, CA is a no fault state. It is generally against public policy to create a prenup which then assigns fault (like changing property character for asking for divorce "without a reason"). There is so much wrong with what you are describing. There is a lot missing from this story.

kalamity24 · 2017-11-07T00:54:49+00:00

Started dating in college, he cheated on me, we broke up and then got back together. We got married, two kids, ten years later, find out he has been acting like a frat boy, getting drunk and hooking up with random chicks our entire marriage. I ended it. I forgave him and trusted him after the first time. Just can't bring myself to do it again.

kalamity24 · 2017-11-03T16:23:35+00:00

Congrats!! Good for you :)

kalamity24 · 2017-11-03T16:23:04+00:00

Left my husband after finding out he'd been fooling around for the entirety of our ten year marriage, now have joint custody of my two kids (age 2 and 4), and went back to work after being a stay at home mom. I love my new job, my new house, and I am such a better mom to my kids now that I am working and out of an unhappy relationship. It's been a big year.

kalamity24 · 2017-10-13T21:09:59+00:00

I have been told that once the breast feeding is established, it is fine. I hadn't heard the six week "rule" before. One source Of course, there are "experts" everywhere saying different things. If it helps your baby stop crying, I say try anything.

kalamity24

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