Ex-wife’s requests are unreasonable

Q: I’m representing myself, however my husband has an legal professional. His household is giving him all types of cash to struggle me, which I believe is unfair, however I can not get the choose to order him to share the cash with me. He says he’s borrowing the cash, however I do know that’s not true. During the wedding I stayed dwelling with the children and couldn’t save for retirement.

I would like greater than half of his retirement to make up for the truth that I couldn’t save any cash. His lawyer is extremely impolite and received’t even discuss this; she simply says that is by no means going to occur as a result of that’s not the way it works.

I additionally requested for little one assist going again to the date he walked out. He left in January 2021, however the choose didn’t order little one assist till September. Again, his lawyer tells me that I don’t have an opportunity to get the kid assist again to the date he left. It doesn’t appear proper that I don’t get retroactive assist when he determined to stroll out. I can’t perceive why his lawyer received’t even focus on these points with me. We lately had a pre-trial convention and she or he simply informed the choose we’d like trial dates as a result of the case won’t ever settle. I believe I’m being very cheap — how can I get them to settle these points as a substitute of a trial?

A: You in all probability can’t get them to settle these points as a result of you aren’t truly being cheap. Frankly, the lawyer isn’t being imply, your positions are exterior the norm of what usually occurs in such conditions and you’ll have no foundation in what you filed for the choose to even grant the reduction you might be searching for.

Starting along with his retirement, usually belongings acquired in the course of the marriage are divided equally until there’s a pre-nuptial settlement that dictates in any other case. Retirement belongings are sometimes divided utilizing a marital coverture method as a result of generally they exist previous to the wedding and customarily proceed to be contributed to post-divorce with non-marital cash. You can actually argue for half of his complete retirement collected to this point since you had been unable to contribute to your personal however don’t anticipate to get greater than half of his retirement. He doesn’t owe you something for the joint choice that you’d care for the kids and never work. Think of it this fashion, you didn’t save for retirement, however you additionally didn’t expend hundreds of {dollars} on day care so that you divide the belongings you saved.

You can not get retroactive little one assist courting again earlier than the service of a grievance for divorce. I have no idea who filed or when however the date of service is the earliest level you possibly can search retroactive assist. You can solely ask for retroactive assist if you happen to make the request in your grievance or counterclaim for divorce. Your husband’s lawyer can not advise you of this as a result of that will be improperly providing you with authorized recommendation.

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