Ex owns a restaurant but lied in court

[Bucky41]

What is the name of your state (only U.S. law)? NY

I'll try to keep this short - got an order of protection after divorce was final against my ex-husband when he threatened to kill me and abduct our children to his home country. 2 months after getting the OOP, child support informed him it would be taken from his pay. He dragged me to court to modify order so he could visit children (this was done with supervised visits which he has since discontinued - OOP expired and he still doesn't call or contact children). During the proceedings, he lied over and over about owning this restaurant. I helped him get it started (finding appropriate forms to fill out, seed money came out of joint bank account, etc.), have the license # and downloaded the business certificate with his name on it. He says he signed over the restaurant to his partner (he has a fabricated letter which was "notarized" by a friend), however he is very money focused so he didn't do this. I have pictures of his car in front of the restaurant...a restaurant whose name has my ex's name in the title and this is painted on the front window.

Divorce was final March, 2007, and he is in arrears with child support. Can I take him to court (on my own - visitation proceedings cost me almost $15K) to have support raised and/or brought current? I left the restaurant to him so he would have 'something' and I still don't want it. I've used all savings to try to keep payments current on house that's up for sale and legal fees. I only want what's owed to the children to go to the children. They go to private school, summer program and want for nothing but that's due to my devotion, not his help.

Any advice would be greatly appreciated. Thanks in advance...

 

[Gracie3787]

What is the name of your state (only U.S. law)? NY

I'll try to keep this short - got an order of protection after divorce was final against my ex-husband when he threatened to kill me and abduct our children to his home country. 2 months after getting the OOP, child support informed him it would be taken from his pay. He dragged me to court to modify order so he could visit children (this was done with supervised visits which he has since discontinued - OOP expired and he still doesn't call or contact children). During the proceedings, he lied over and over about owning this restaurant. I helped him get it started (finding appropriate forms to fill out, seed money came out of joint bank account, etc.), have the license # and downloaded the business certificate with his name on it. He says he signed over the restaurant to his partner (he has a fabricated letter which was "notarized" by a friend), however he is very money focused so he didn't do this. I have pictures of his car in front of the restaurant...a restaurant whose name has my ex's name in the title and this is painted on the front window.

Divorce was final March, 2007, and he is in arrears with child support. Can I take him to court (on my own - visitation proceedings cost me almost $15K) to have support raised and/or brought current? I left the restaurant to him so he would have 'something' and I still don't want it. I've used all savings to try to keep payments current on house that's up for sale and legal fees. I only want what's owed to the children to go to the children. They go to private school, summer program and want for nothing but that's due to my devotion, not his help.

Any advice would be greatly appreciated. Thanks in advance...

You can file on your own to have the order enforced. If you can PROVE that he still owns the restaraunt, and you can prove what HIS profit is from the business, you can file for a modification. However, make sure that you can actually prove everything. Pictures of his car in front of the restaraunt, that still bears his name, does NOT prove that he still owns the restaraunt, or that he evn has earned any profits.

 

[nextwife]

You can file on your own to have the order enforced. If you can PROVE that he still owns the restaraunt, and you can prove what HIS profit is from the business, you can file for a modification. However, make sure that you can actually prove everything. Pictures of his car in front of the restaraunt, that still bears his name, does NOT prove that he still owns the restaraunt, or that he evn has earned any profits.

Indeed NOT. MY next door neighbor owns several grocery stores that still bear the name of the original family that started the first store - and they have not owned any stores since the 1950s! And a person may very well want to dine in a restaurant they used to own, being parked outside does not prove ownership. Even being at a table (dining, not waiting it) does not prove any financial interest.

 

[Bucky41]

Gracie & nextwife, thank you. I've actually sent someone in to order food and he was cooking, serving and collecting money (it's a take out place). You're right, just because his vehicle is parked out front doesn't mean he still owns it, but he still brags about having his own business. I'm not sure I can find out if he's making a profit - tried the Dept of Revenue and they needed something from my lawyer requesting information on the business (my lawyer never got around to it).

One other question if anyone can answer (and I'll understand if you Seniors are not comfortable) - during the court proceedings I always felt like my lawyer was waiting to see what the other side would say and then defending. Maybe what I'm trying to say is that we were ALWAYS on the defense and when I mentioned going on the offense (maybe that's a bad word to use) he wouldn't. All information needed, I gathered (including parental abduction info, case law, ways to try to prevent it). I didn't mind doing this as I'm not a dope and can google search with the best of them. I'm just trying to determine if this is how the majority of attorneys handle cases (this was my first time and hopefully last time in court) or if perhaps he didn't do what he should. Don't worry Seniors, I'm not trying to start a war or go back to court. I just really thought I had done my homework and made an informed decision when choosing an attorney.

Again, thank you for feedback.

 

[bononos again]

Could you send something to him certified? Not sure what to send, but send it to the restaurant to "OWNER" and see who signs the returned receipt?

 

[Bucky41]

Why didn't I think of that...

funny how something as simple as that might work. Thanks for the input.

 

[>Charlotte<]

Also, the New York Secretary of State Division of Corporations will have a record of the owner, CEO, registered agent, etc., if the business is incorporated.

http://www.dos.state.ny.us/corp/corpwww.html

I'm assuming he's in New York, as you are. Otherwise, check his state's Secretary of State web site.

 

[Bucky41]

Clt747, it's not incorporated - if I remember correctly the papers were filled out as either partnership or co-owners (can't remember). The restaurant is in New Jersey - that's where sent the letter to Dept. of Rev but they wanted a letter from the lawyer.

Thanks for replying with information. Maybe they have something similar to the link you provided for smaller businesses.