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Junior Member
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Aug 8, 2011, 11:21 AM
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Supposedley his father doesn't know anything and they work together so this is going to be an issue of his frustration there too since his father is to find out this way. Mom and Sister have a plan to break us up since day one. Which in the long run is better for me I think. Since you as everyonelse states that he is emotionally abusive. Ive been living in this for 7 years I don't know otherwise.
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Uber Member
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Aug 8, 2011, 11:42 AM
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Do you have somewhere else to go or do you intend on staying there in the condo when he comes storming home? He's really going to be angry that you included the company as marital property.
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Junior Member
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Aug 8, 2011, 11:50 AM
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Well, My son has swim class today and he usually picks up my son before class takes him out to eat and I meet them there with swim trunks and towls.( at the swim class) so we will be seeing each other at the swim class. I don't think he will be starting anything in a public place.
Also he always lets me know when he pics up our son by text or a phone call.
I will call my attorney in a little bit to find out if they served him. Im afraid of the outcome
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Junior Member
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Aug 9, 2011, 11:46 AM
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He came to swim class last night taking pictures of our son in the pool he is constantly acting like he is this perfect dad and that he spends time with his son all the time My son woke up this morning wanting to play I said that we are going to be late ( him to daycare me to work) he has the nerve to tell my son that he will take him and my son can play a little longer... I mean obviously my kid was going to want to stay.
This is really getting out of hand. He doesn't turn the lights off when he goes to sleep, thinking that since I pay for our light bill I should get up from sleep and do it.
Im sooo hurt, he is to get served today the server attempted to serve him yesterday yet he wasn't at the office ( supposedly)
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Junior Member
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Aug 10, 2011, 10:27 AM
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Ok, so he was served, he came home asking me what is this? You want a piece of the corporation? I said all I want is for my son to be secure, if it weren't for my child I would move.
He said you think if its not on paper he won't be secure? I said nope.
Anyway I said the living situation needs to be changed, I can move out you can move out or I can move out of state he said I will consult with my attorney as well.
So now here is my question the corporation he and his family owns is a non-profit. Does that effect me?
This is their bread winner.
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Marriage Expert
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Aug 10, 2011, 02:01 PM
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I am wondering if this thread needs to be moved to the legal boards?
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Junior Member
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Aug 10, 2011, 02:27 PM
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How do I move the thread?
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Junior Member
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Aug 10, 2011, 02:32 PM
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Non-profit organization in divorce
Ok, so he was served, he came home asking me what is this? You want a piece of the corporation? I said all I want is for my son to be secure, if it weren't for my child I would move.
He said you think if its not on paper he won't be secure? I said nope.
Anyway I said the living situation needs to be changed, I can move out you can move out or I can move out of state he said I will consult with my attorney as well.
So now here is my question the corporation he and his family owns is a non-profit. Does that effect me? Will I have a right to interest?
This is their bread winner.
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Family Law Expert
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Aug 10, 2011, 02:38 PM
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Hmm...
Generally non-profit organizations do not have private owners. They have controlling members or boards, but these people cannot sell their shares to others or personally benefit in any taxable way.
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Junior Member
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Aug 10, 2011, 02:39 PM
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Well, His father is the Officer and he is VP they do things under the table sometimes but I want to know my rights.
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Family Law Expert
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Aug 10, 2011, 02:53 PM
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An organization that is established as a non-profit does not have owners in the conventional sense.
While the organization may in fact make money in any number of ways, on investments, business ventures, donations, etc. and pay salaries and other expenses as needed, all of it's 'earnings" are employed (or spent) to further the NPO goals. No dividends are paid and the stock is not traded. Owners, (again a hard term to use), do not get anything.
If they did, then by definition, it wouldn't be a non profit!
OK-let's see... if I was married to Helen Alderson , Director of Financial Resources and Logistics of the International Committee of the Red Cross, and I got divorce, will I have a right to interest in the Red Cross?
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Expert
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Aug 10, 2011, 02:55 PM
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Originally Posted by Confused333
...
So now here is my question the corporation he and his family owns is a non-profit. Does that effect me? Will I have a right to interest?
This is their bread winner.
It appears that his family have been playing fast and loose with the non-profit concept.
As GV70 said, a NPC wouldn't be owned. If it is a for-profit venture in a non-profit form, your attorney should engage in sufficient discovery to determine what's going on and how much the assets of the company are worth. Then, depending on what facts are developed, you might ask for a large share of the value of those assets.
The IRS, and the state tax authority should be interested in all of this.
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Expert
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Aug 10, 2011, 02:58 PM
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If you can prove that the money is being done illegally from the corporation and they are not doing it properly it is possible that it may not be protected in a divorce.
You need to get a divorce attorney and move and get on with your life, the child life and the divorce
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Junior Member
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Aug 10, 2011, 03:00 PM
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So technically they can hide everything... hmmm. Do I have any rights? Without getting them in trouble with IRS?
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Expert
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Aug 10, 2011, 03:04 PM
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:cool:
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Family Law Expert
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Aug 10, 2011, 03:11 PM
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Originally Posted by Confused333
Do I have any rights?
If we are talking about a non-profit corporation-the answer is NO.
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Computer Expert and Renaissance Man
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Aug 10, 2011, 04:29 PM
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Ok, lets take the following scenario. An organization exists to help homeless people find shelter, jobs, etc. This organization gets income from government sources, donations etc. Most of the income is used to help the homeless. However, the organization employs people to manage these programs and pats them a salary. That's fine. This could even be considered a family "business".
But if they are using NPC status and not using their income properly, then they are flouting the law.
You do have rights to his salary and marital assets, but not to the NPC's assets.
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Marriage Expert
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Aug 10, 2011, 06:07 PM
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Moved because the op needs legal advice about her divorce instead of marital advice.
Originally Posted by Confused333
How do I move the thread?
Done. Be prepared for more questions and give them what information you can.
I hope you have a good lawyer.
Good luck to you and your child.
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Family Law Expert
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Aug 11, 2011, 02:00 AM
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Originally Posted by Fr_Chuck
If you can prove that the money is being done illegally from the corporation and they are not doing it properly it is possible that it may not be protected in a divorce.
Probably not.
The money will be taxed but will remain "Non-profit"
Example from Children at Risk Org. We earn profit from unrelated activities,but it is taxable as normal business income.And that's all.The rest remain non-profit assets.
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