Messages

I intend to send it delivery confirmation as certified mail to wife has always been returned. The bigger issue are the plates. DMV told me to file for "lost plates" and then wife would be driving around with bad plates and she'd get nailed for it and not me.

I gave her the easy out, she wants to play hardball so I'm game.

TPK

>1. What's the fair market value of the vehicle?


Trade in $7000.00...retail $8200.00


>2. Is there an auto loan secured by the vehicle? If yes,
>what's the balance?

Car is paid for, no loan.

The car was hers prior to us getting married. She paid for it. She forgot to renew her NY insurance and I took title of it and insured it here in NJ.

The car was turned over to me by her for $1.00. That is also the same price I told her I'd sell it back to her for.

I have held off contacting Ins. co. but I might have no choice cuz renewal is due soon. As you know we're between venues so I'm not court ordered to pay anything for her.....yet.

What say you sir?

TPK

Soc,

Wife is currently driving a car titled in my name. The car is insured/registered (in NJ) etc in my name. Coverage extends to wife only if she's a resident of my household here in NJ. She's driving the car around in NY.

Back in late 2004 I attempted to take car off insurance. Ins. co. stated I had to turn in the plates to DMV first (NJ Law). When confronted with my demands for the plates back she refused. I offered to give her the car in exchange for the plates. I would sign over the title.

She never got a NJ driver's license. Now my Ins. Co. is demanding she get one and send proof to them. Policy is due for renewal on 5/7/05. They also want to know where the car is kept overnight.

In Jan 05 I told her I'd keep her on the policy til renewal time. After that she'd be responsible to get NY insurance. She agreed at the time. Now that renewal papers are here and the Ins. co. is demanding she get a license she's changed her tune. She told me to lie to them and tell them she still lived in NJ. I said fine but she'd have to come down and get a NJ license. She refused.

This morning I called her and informed her of the letter sent to me by Ins. co. I told her I'd bring the title up this weekend and she can get her own insurance. She agreed. Hours later she calls back and tells me that she has to OK this with her lawyer. I told her she's gonna get me kicked off my Ins. co. policy if I continue to lie to them.

She says she wants me to pay the insurance and she's got no money. I told her she's not eligible cuz she's not in my household anymore.

I am liable as the owner of that car if something happens such as an accident or even worse maybe a death resulting from her driving.

I don't want to get the boot from my Ins. co. as it's private insurance and rates are cheap. NJ is probably the most expensive state in the country for auto insurance rates.

My NY attorney suggested I pay for a 6 month policy for her in NY. That doesn't sit well with me.

1. How should I tackle this?

2. Should I contact my Ins. co. and tell them what's going on?
Ins. Co. did call last month to confirm she lived with me. I fibbed and told them she still was.

3. What about the liability of me being owner of the car?

4. Will I get nailed if I just drop her from the policy?

Ins. Co is demanding a response within 30 days of the letter they sent me on March 7th.

The car isn't even supposed to be used for commuting purposes either.

The car might be marital property but the plates are property of NJ DMV.

Here is what the Ins. Co. letter said.

"Of more immediate concern is our request for information concerning your wife, XXX. The records show that she contiunes to maintain a NY license. Therefore, we are writing at this time to ask that she contact the Motor Vehicle Commission as soon as possible to secure a NJ license and that you provide us with a copy of license immediately upon receipt. Also, please update our records by giving us copies of the registrations for all 4 cars which we insure for you, as well as confirming their overnight garage location and the exact use to which eachis being put"

"Your policy is due to be renewed on May 7. Under the circumstances, we would ask for your response to this request for information with 30 days of this letter"

TPK

My NJ attorney initially used UPS to serve wife at her "hide-out" location.

UPS showed a delivery to her on a tracking # and someone with my last name had signed for it.

Sounds like a lock right?

Well, NJ judge did NOT accept this as service mainly because UPS couldn't verify is was actually my wife who signed it.

I'm not even sure USPS could verify a signature unless some handwriting expert was used to determine if it actually was the recipient's signature or a forging.

I had sent some certified letters with signature required and they were all refused or left at the Post Office and returned not deliverable.

Next time around I sent delivery confirmation Priority Mail and was able to at least show it was delivered.

Just my 2 cents

TPK

>>1. Not sure if you can answer this one without knowing NY
>law.
>>How possible/impossible would it be to get 60/40 at the
>>present time??
>>
>
>I mentioned this in response to one of your original postings.
>Rule #1 in family law: Whoever has the kids, wins. She has the
>kid. You can spend loads of money trying to prove that you are
>the superior parent, but unless you can show that she is
>affirmatively acting against the child's interests, then you
>will lose, because the court will seek to maintain the "status
>quo," which is: she has the kid.


I think we both misunderstood each other on this. I had thought you meant I would have the 40 and she'd have the 60.

I had thought by having the 40 it would impact the CS paid.

I am not going for physical custody, I gave up hope on that already.
>
>
>
>I wouldn't move until the entire divorce were complete, if
>you're trying to obtain custody, unless you're moving into the
>county where the mother lives. Otherwise, wherever you move,
>you will be giving the court evidence that she is providing a
>stable environment, and you are not.

I have to move soon, we're eyeing a building that we want to buy for the business. From what you're saying it seems that this won't have any impact UNLESS I was trying for physical custody.


Thanks

TPK

>>
>>2. Does % of parenting time matter at all in determining CS?
>>
>>Ie. she has her 80% I have her 20%
>
>Also NY specific, but I believe that NY is an "income shares"
>jurisdiciton, therefore both parent's income has an effect.
>However, my experience in this area is that until you get to
>around 60/40 the guidelines heavily favor the primary
>custodian, regardless of the jurisdiction. 20% is practically
>0% for guideline purposes.

1. Not sure if you can answer this one without knowing NY law. How possible/impossible would it be to get 60/40 at the present time??

2. Would a non NY resident like myself have less of a chance to even get 60/40?



>
>>4. Will I have a problem getting her to do 50/50 on the
>>transportation or is that pretty standard?
>
>NY specific. The fact that she left is relevant, but I think
>you'll find that if you're looking for a big monetary break on
>the transportation, that you can forgetaboutit. If you're
>looking for her to drive half way, then you may get your
>wish.
>


I'm not looking for any break dollar-wise on the trans. Halfway is fine with me.

Problem is that I'm in the process of looking to relocate to Pa. and I'm not sure if that will interfere with a "halfway point" that would have already been established with our current NJ/NY situation.

Where I plan to move is roughly the same distance that it is now, but a halfway point now would be further travel time for me coming from Pa.

Thanks

TPK

Soc,


I can't see how the court would frown upon me if I presented documentation of my earnings.  I'm not trying to avoid paying, I want to pay what is "required" and no more.

When I told the Judge what I made for 2003 I knew full well that the figure would be different for 2004. Judge wasn't ordering it from the bench, so I figured I'd present proper documents when we started the divorce trial. Judge was transferring venue anyway, so why even bother explaining $$ will change, she's not hearing the case.

Not knowing NY law, I have a few more questions.

1. How often can wife take me back to NY court for re-evaluation of CS?

As I said, my salary can change from year to year.

2. Does % of parenting time matter at all in determining CS?

Ie. she has her 80% I have her 20%


Wife still won't do the separation agreement I had offered. She seems to think we only have "one day of court left". I told her that was unrealistic and that this trial could drag on for months. Her grounds were cruel & inhuman treatment. I told her she'd have to prove those grounds and she didn't think she'd have to.

If she goes on the witness stand she's gonna crack, she's still an emotional mess. Probably good for me though.

One issue I have is that I'm doing all the transportation right now. Someone suggested that the NCP would do all the trans if I was the one who left.

We did live in NJ, she left NJ for NY and I submitted to NY jurisdiction. I never lived in NY so I don't feel like I "left".

4. Will I have a problem getting her to do 50/50 on the transportation or is that pretty standard?

Thanks

TPK

Hi Soc.


Currently I am paying X amount of dollars to spouse for CS. This amount was determined by her & my attorney. It is not court ordered yet. The judge did ask me how much I make and I gave her a number as to what I made last year (2003).

After court the attorneys hammered it out.

Being that I own an "S Corp" the profits of my company are tacked onto my earnings and I pay taxes on it. Apparently it's cheaper for me to pay the taxes rather than the company (accountant advice).

After going over the numbers for the 2004 tax year I see sales were about $50K less than the year before.

It seems that my salary would change almost every year based on this, unless the profit stayed the same each year.

I'll know for sure what my salary was in a month once the accountant tackles the books.

1. If there is a change in my salary can I recalculate my CS??

2. Can I get away with reducing CS if it's not court ordered yet or will I have to do so in court??

3. Correct me if I am wrong about this not being court ordered yet and if what I told the Judge I made ($$) would be "minute orders"

4. If no court order than I can't be held in contempt if I change the CS?

We have not been back to court since mid Jan 2005 and the motion to transfer to Ulster County has been filed to be heard today. It has been difficult to get in touch with my NY attorney to ask questions.

Thanks

TPK

Soc,

About 2 years ago I had it out with a local auctioneer here. While at one his auctions he falsely accused me of collusion. Me and another dealer had purchased a lot of equipment that day together (partnered deals). Dealer and I had agreed to buy together weeks earlier as we knew what would be at the auction. So there was no collusion at all. Auctioneer was bitter cuz we bought everything so cheap. Reason for the cheap prices was cuz the crowd was small.

Days later auctioneer calls me and tells me not to come to his auctions anymore, I'm not allowed there and he'll call the cops if I come. Fine with me cuz I hate this guy anyway.

Got me thinking though wether this guy could even bar me from a "public auction" that was advertized as "public". This guy has done this same "barring" to many of my friends in my industry.

1. Would it be considered restraint of trade if he barred me?

2. If not #1, then what would you call it?

3. Can he not allow certain people at the public auctions?

He does a public auction at a location where a shop is (NY-NJ-CT-PA etc). He doesn't do auctions in his own bldg.

Just wondering in case I do HAVE to go to one of his auctions if I have a customer for something there.

TPK

Soc,

I have been speaking with a friend who has been divorced 3 times. I am picking his brain about a divorce (who better to ask!)

My wife owns her house free & clear. I still rent. My friend suggested that I could be entitled to Equity of her house during the time we were married. I have done a lot of work on the property including installing a new front porch, stripping and restaining the house, interior additions, yard maintenance, land clearing etc.

She had always told me it was my house too. I expect that has changed.

Marriage was only 13 months but NY property values in Ulster County certainly have gone up. I used to ride shotgun with her when she was a real estate agent so I have a hint that her property value has gone up.

I really only intend to bring this up if she wants alimony, otherwise I'll let it go.


1. Am I wasting my time bringing the property equity issue up?

2. Would duration of marriage matter at all in determining wether I'm entitled to it?

3. Should I get an appraiser to do an eval on the property?


I noticed in her financial disclosure that she really de-valued her property in excess of maybe $60-70K.

Apparently, if I was entitled to the equity it would only be 1/2. Even if I can come away with $5K I'll take it.

_____________________________________

BTW, I did settle up with bro-in-law including having him buy me out of partnered deals, spiltting up of any other items and rec'vd his check today for the buy-out. Thanks for your input with this situation Soc.

Thanks!

TPK