dannysmyboy
Member
What is the name of your state? California.
I'm asking for my mom. Her and my dad were divorced in 1987. They owned a business and 1 home. My mom was the Petitioner
My mother got the house and alimony. She also gets 35% when/if the business is sold.
I know that alimony is not discussed in this section, however it does intertwine with the sale of the business, so I'll add it on.
My dad sold the business and she got a 35% check in the mail. My dad stopped paying her alimony 2 years ago, same month as when she got this check. My mom who's 66 is afraid of my dad so she never said anything to us kids...well her attitude has changed and now she has questions.
Here's the exact wording on her divorce docs regarding spousal support: "Respondent shall pay petitioner $5000 per month as and for support. This $60,000 yearly support is in lieu of any right to receive any other proceeds from the business before it is sold. The court shall have continuing jurisdiction to modify the amount of support. "
"There shall be an automatic review of the amount of support payments upon the sale of the business".
Here's the exact wording on her owing 35% of the business:
"All parties jointly own a business known as XYZ. Respondent shall continue to manage this business. Upon the sale of this business, petitioner shall receive 35% of the proceeds of sale and respondent shall receive the remaining 65% of the proceeds of sale. Respondent shall be solely liable for any additional encumbrances he places or causes to be placed upon the business for personal purposes or for any reason other than business purposes"
My dad apparently just stopped sending the support checks after he sold the business and gave her 1 check for her 35%. She got no notification in writing from him, from court or any attorne about the sale contract. She didn't know it was being sold, until she got this check in the mail with the only wording on a letters was. Sold business, here's your 35%. She doesn't know how much it was sold for, therefore she doesn't know if her 35% check is really her 35%. My dad is not a very honest person when it comes to money, another story for a later time.
Shouldn't she be entitled to a copy of the sales contract?? Is there a statute of limitations to get a copy of the contract???
I'm asking for my mom. Her and my dad were divorced in 1987. They owned a business and 1 home. My mom was the Petitioner
My mother got the house and alimony. She also gets 35% when/if the business is sold.
I know that alimony is not discussed in this section, however it does intertwine with the sale of the business, so I'll add it on.
My dad sold the business and she got a 35% check in the mail. My dad stopped paying her alimony 2 years ago, same month as when she got this check. My mom who's 66 is afraid of my dad so she never said anything to us kids...well her attitude has changed and now she has questions.
Here's the exact wording on her divorce docs regarding spousal support: "Respondent shall pay petitioner $5000 per month as and for support. This $60,000 yearly support is in lieu of any right to receive any other proceeds from the business before it is sold. The court shall have continuing jurisdiction to modify the amount of support. "
"There shall be an automatic review of the amount of support payments upon the sale of the business".
Here's the exact wording on her owing 35% of the business:
"All parties jointly own a business known as XYZ. Respondent shall continue to manage this business. Upon the sale of this business, petitioner shall receive 35% of the proceeds of sale and respondent shall receive the remaining 65% of the proceeds of sale. Respondent shall be solely liable for any additional encumbrances he places or causes to be placed upon the business for personal purposes or for any reason other than business purposes"
My dad apparently just stopped sending the support checks after he sold the business and gave her 1 check for her 35%. She got no notification in writing from him, from court or any attorne about the sale contract. She didn't know it was being sold, until she got this check in the mail with the only wording on a letters was. Sold business, here's your 35%. She doesn't know how much it was sold for, therefore she doesn't know if her 35% check is really her 35%. My dad is not a very honest person when it comes to money, another story for a later time.
Shouldn't she be entitled to a copy of the sales contract?? Is there a statute of limitations to get a copy of the contract???