needs info!

[stomacheache]

Hey gents, I'm facing a divorce. My wife owns the business where we also happen to live. She wants me out, but I refused. I make in the low 40,s while this business ( where I've worked at as well,) that my wife owns brings in around 300,000 a season. Will I have a claim to any of this when we split? In NY State...

[Thoughts?]

If the business was built during marriage from your joint sweat equity or from joint investment, then yes by all means you would get a share of it during divorce. She will likely push back, and you will likely need to get a professional firm, like a CPA that specializes in business valuation, calculate its worth based upon (1) income stream; (2) owned assets; (3) good will (4) capital investment and other information.

[CCR]

You may also be entitled to alimony. Is the $300,000 the profit from the business (what you are paying taxes on) or the gross amount. There is a world of difference between the 2.

[stomacheache]

Yup, built with lots of blood, sweat and tears. Eventually there were paychecks cut in my name, but it was just a paper thing - the money went into our family funds. I've got 3 kids as well...frankly, i'd be happy to walk away with my paycheck intact (no child support)...that 300,000 is a gross number....

[stomacheache]

...the kids would be better off with their mom's 300,000 than with my 40,000+...she's a great mom, though very controlling; she wants nothing but the best for them, except the oldest one...she wants him out too, 'cause he sided with me...thanks for the info!

[Trevor]

...the kids would be better off with their mom's 300,000 than with my 40,000+...she's a great mom, though very controlling; she wants nothing but the best for them, except the oldest one...she wants him out too, 'cause he sided with me...

You are missing completely the point. No child is better off with money than with two good parents. You seem happy to cede your time with the kids to a controlling and vindictive idiot because (on paper) she earns more than you. If that's true, it really sucks for your kids.

Do you earn your kids' love and respect? Do you help with their homework and play ball with them? Do you care about how they are raised? What are your parenting time goals in your divorce?

Guys who come on this board talking about only money typically get a rude awakening that this website pays attention to Dads first (not money), so if you aren't fighting for your kids, or you don't give a rip about who raises them, or all you care about is getting through divorce with as much mmoney as you possibly can, be prepared to be flamed a few times.

BTW, you should probably reasses what you define as a "great mom" based on what you wrote about her.

[Fatheroffour]

Ok. Maybe this is a better place to get an answer.

Writers block. I need help finding an appropriate finish for this thought:


If you are such a worthless POS that your kid won't benefit from you being an involved father, I'll defer to your expertise but if you are such a worthless POS that your kid would benefit from from you being an involved father and you just won't do it then.............

[stomacheache]

Let me expound...I love the hell out of my kids! I will certainly be envolved with them...she shall not keep them from me...one highschool senior, a college student, and an 11 year old. I believe that their needs will be better met where they are living and how they are living.

[Trevor]

This all might be true, but you are seemingly making the assumption that there is only one way for this to happen...with you out and your STBX raising your kids. I will ask again, what are your parenting time goals after divorce? How do you know she will not keep the kids from you (the 11yo anyway)? What happens if she DOES keep the kids from you? She is already showing her true colors with the child that "sided" with you.

[stomacheache]

Good point. Worse stomachache...this all just came to a dreadful realization last night. I have loads to learn and think about...contact with lawyer is imminent. Thanks, fellows.