How likely is it for my dad to get any money in a divorce settlement?

Question

Here's the story: for the last 10 years, my parents have done nothing but fight, mainly because of money issues. Saying that those 10 years were a nightmare is an simply an understatement. My mom thought that getting a divorce would look bad on her (in our culture women are often seen as the cause of fractured marriages and they need men in their lives to support them). For the last 7 years, my dad has been unemployed and contributed nothing to the income. Essentially, any source of income that was coming in was because of my mom. Two years ago, my dad went behind my mom's back basically emptied out an account in both their names transferred to his account. Value was over $50,000. Since then, there was even more fighting. Now, it getting to the point where he's giving my brother and I (as well as my mom) death threats. I can no longer tolerate this anymore. The only thing that held my mom from getting divorce is the possibility that he might get even more money and blow it off on alcohol and other drugs. But I honestly feel as if I'd be able to make more out of my life is he was gone, I can't take it anymore. I can't go to sleep at night because of the fear that he might kill us. Any input/suggestions?

Answer 1

You need to sit down with your mom and you all talk about this. Someone threatening your life is very serious. If your mom doesn't want to leave, you leave and try and get some help for you as well as her. I hope things work out for you and your family.

Answer 2

Well first you should talk to an attorney, usually an attorney will not charge you for a consultation.  You need to save any kind of damaging evidence such as messages he may leave that are threatening, e-mails or letters he may send.  Chances are if he has done all of these things he well not be able to get anything.  The things that he is doing is hurting any case that he thinks that he may have.  

Answer 3

I doubt, if your mom has proof of him transferring money, that he'd get anything.

Make sure you let her know to sue for everything she can in the divorce.  What I mean by everything, other than the home, cars, etc, have her sue for child support, alimony, and half of his retirement, even if the low life doesn't work, he may someday.

You have to make sure your mom right now, doesn't worry about her "culture".  It's more important to be safe and happy.  If she's the one who's been supporting the family, she should feel proud about herself.

Make your mom also get a restraining order on your father.  If you and your brother are fearful too, the courts will and can put stricter limits on it and have it last for along, along time.

IF your mom has to or can, maybe she is better off moving the whole family away  so he can't find you!

God be with you!

Answer 4

First off if he is making death threats, they should not be taken lightly and you need to go to the police. Even if it's you, do it and don't be afraid to do it, your life and everyone else's life is on the line. He sounds crazy and I can see where there was a just cause for divorce.

This case needs to go to court and every detail needs to be presented to the attorney. Your dad can lose custody and may even be required to attend counseling sessions and so on. The courts will probably not allow money to be given to them if they know the situation

Answer 5

well if you all testified in court about his drug problems and death threats you could have him put behind bars. also you can have everythign set up to the point that he can only have supervised visitation to you and your brother or none at all. now for your mother i beleive that everything would be in her favor. these type of cases are usually in the mothers favor no matter her cultire/beliefs. your father should never treat her that way or you and your brtoher thats wrong. all of you desrve to sleep at night and if you must move without a trace to do so then i would. i wish you the best!

Answer 6

no shared values for one so the 50 k would count

+ he has caused distress, which means they he could be liable to pay rise up to you guys

thats if your in the west, so just get a good lawyer

even if the divorse split things, you can have seperate law suits to gain repayment for hardship and grief he put on you so anything he gain go rigth back to paying you off

Answer 7

If your parents have no prenup he automatically gets some money.