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Each state has different divorce and family laws; however, sm

Posted By: Paralegal on 2006-03-31
In Reply to: Your experience requested - - CARDIACMT

ex-hubby is not entitled to anything after the date the divorce was filed. So, if she filed for divorce on January 1 and hit the lottery on January 2, he gets nothing!

At least that is how it is in PA. Don't know about other states.


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I think all state labor laws are pretty much in line with the federal laws as far as PTO SM

among other things.  Basically, federal law states that an employer is not required to offer paid time off or paid holidays.  An employer doesn't have to pay you for time not worked.  It states quite clearly that PTO is an agreement between the employer and employee upon hire.  So, if you have an agreement with your employer stating you accrue PTO and get certain Holidays off with pay, then upon termination or resignation, you are entitled to any unused time you have accrued.  However, since not mandated by any state or federal laws, if an employer refuses to pay you for any unused PTO, you will have to take legal action, likely in small claims court.  You will probably eventually win, but you have to decide is it worth all the trouble and legal fees?


When you actually get right down to it, labor laws really don't do much for the working class.  We are not guaranteed anything except minimum wage and a safe work environment.


Not due to divorce, but our family went their
separate ways after both of our parents died.  Strange, because I always thought we were close before that, but it could have been wishful thinking.
also, check out the laws in your state (sm)

regarding how the landlord should handle your deposit during the time you rented from them.  In my state, it must be kept in an escrow account, and the landlord must show proof of this.  Also, landlords are liable for lots of routine maintenance on the house/apartment while it is rented.  For example, landlords are responsible for painting, replacing miniblinds, cleaning carpets, etc every four years, in the state of Georgia.


Go online and check it out...you could get your money back, plus some! Good Luck!


It also depends on what your state laws say as well. sm
In Texas, they have to pay you for your PTO time.
not sure what state you are in but there are some good new stalking laws...
you should get yourself a lawyer. this man is stalking you and can possibly become violent.

most lawyers give you a free consultation the first time so you can see if there is anything that can be done.

since you had the extramarital affair in the first play, no offense, but you just may like living on the edge. if you are seriously worried, take it to the proper authorities and do whatever it takes to stop this man.
Must check your state labor laws
This is what most of them follow is whatever state you live in. I live in a state where you have to get 40 hrs before you can hit OT. No OT for more than an 8-hour day.

But of course, I also live in a state that has $1.95 as its minimum wage still!
It all depends on what state you live in and what their laws and requirements are. Check with your
x
Two diff topics. OT laws state 40 hours in most states req'd
nm
Each state has different laws. Where I live, if I have clients in the same state I live in, yes I ne
have clients from another state, no I do not need a license. Every state is different. I checked with my attorney and the State Business offices.
Me too. Been there, done that, got the divorce.
.
For those of you who have gone through a divorce...sm

My husband and I have decided to go our separate ways after only 2-1/2 years of marriage.  I have no idea where to start and what to do because we bought a house together, bought a new car together, have credit cards together, etc.  This is a mutual decision for both of us to end our marriage so it's not like it is a bitter divorce or anything.  We would like to NOT involve attorneys but how do we separate all of our stuff?


Thanks


You have a point there. I wonder if it's the divorce?
It's like Tom Cruise not aging well also.  And have you seen Robert Redford?  OMG.  His face is ravaged with time and his neck..... terrible.  But you get Paul Newman he he does look better as he ages.  Guess it's in the genes? 
He was my divorce attorney
.
My attorny put in my divorce that I have to take him
to court to enforce any part of the divorce agreement, he has to pay fees for both of us.  To the best of my understanding, it's very difficult to have something changed once it's been a legal and binding contract in a divorce.  The judges normally stick to what the original agreement was.  Good luck. 
Well, if it's due to divorce, you DEFINITELY want an actual

real estate agent.  You are thinking of the money you think you could save, but what it will end up turning into is a bigger mess.  If you sign a 60 or 90 day contract with a for sale by owner agent (i.e. Help-U-Sell, Assist2Sell, BuyOwner) and all they do is plunk a sign in your yard and give you a lock box then you're not getting much.  They don't do a lot of advertising other than on their own website and they might print a few flyers for you. 


With the market soft right now, unless you price the house really low just to get rid of it, expect it to sit for 90 to 120 days.


when I got a divorce -- see message
Whe I got a divorce my husband tried to make me put a price on my small business and there basically was no value as most of my clients would probably not go with a new owner.  Most of the value was in my computer, printer, etc. which after a year is worth nil.  It is mainly an income and not much else as you cannot quarantee that when you sell that your clients will go with the new business.  Sometimes it can be valued at a one month income.   There are real estate agents that sell businesses and she can check with them to see what they say.   I worked for a small MTSO that sold and what they did was to not tell any of the clients that it was being sold, ran under the same name with some of the same people there and it went okay but that is touchy.  You are selling more the name of the business than anything else.   Again, she needs to contact a real estate agent that specializes in selling businesses.   She is selling her client list and name mainly and hoping that they all go with the new owners which is a gamble and not one I would take.    Good luck. 
She hasn't filed for a divorce yet -

Because the state she lives in does not recognize legal separation, she had an agreement drawn up by her corporate atty.  This agreement handed the house (quick claim deed) and business over to her, while her "future ex" draws his pension and moved to warmer weather (California).  This all happened when things were friendly. Now she wants a divorce so she can get on with her life (with her new beau she is buying the house with).  BAD idea since she has not filed for a divorce.  Anyway, thanks everyone.  I think I'll be visiting her in jail.    


I guess I was wondering how a divorce could have been
the agreement or been before the judge with your lawyer to dispute something in the agreement. People with nothing to dispute rarely have to appear, as they have already signed the documents that the lawyer presents to the judge. I don't know if you signed your portion of the agreement without having read it to ensure your wishes were followed...hope you find some resolution.
And they say divorce is less traumatic on adult children....
Unfortunately, this is NOT the case. Adult children whose parents divorce quite often end up just as you have described. They are old enough to form their own opinions which are quite often colored by their life experiences and how they relate to each parent as an adult with adult biases and opinions. Divorce, regardless of the age of the children, always affects the children and people who are "waiting until the kids are grown" are only deluding themselves.


This is not illegal in most states. Sometimes it's in the divorce agreement.
nm
I needed to divorce cheating DH of 27 years. This was
xx
You need to join a divorce support group. Look around. Helped
zz
Divorce will be final in 2 wks, can I stay on my ex's health insurance?

My ex is willing to leave me on his health insurance.  Is it legal to do this?  Will we get ourselves in trouble if he doesn't take me off? 


How true, mine is trained quite well....before we married he asked if I would ever divorce him -
abused me in any way. So far so good after 9 years. He admits to cheating on his first wife a couple of times though as she did not like having sex (not the reason of their divorce and long before I met him which was 2 years after his divorce). He is germaphobic so it's amazing he ever cheated in the first place....but I think he was actually trying to get her to divorce him (subconsciously)....took 12 years for it to work though. Luckily they had no kids. She did not want kids either, at least not then. She has since remarried too (a month after he did) and her 2 sons are very close in age to my 2 girls. Weird. Men can be such weenies though. Now to just train him to throw out his used paper towels instead of leaving them all over the kitchen counter (my dad does the same thing too). Oh well.
Work for a company in a state that has no state income tax
I think there are 3 or 4 out there (Florida, Texas, and a few others.)  Then you really avoid the tax situation. 
I'd hire an attorney and do a quickie divorce. They're cheap and well worth it.
If it's uncontested the attorney can help you amicably sort through what needs to be split and do it fairly and according to the laws of your state. This will avoid potential problems later.
Name a state and put every company in that state under suspicion.

Tell what the first letter of the company is and every company with that initial will be suspect.  I would imagine that everyone who works for that company has received an inquiry from department of labor, so they would all be aware of it. 


Why do we persist in setting up companies to be torn down when there is no reason for it.  If a company is suspect, then give the name of the company, don't give big hints that cover at least 5 companies, 4 of which may be the best companies to work for, but fall into the category of an alphabetical letter, etc. 


 


 


 


Contact your local BBB in your state and in their state if different from yours.
xx
Not mandatory, as you state it depends on your state - sm
or county. Where I am I do not need it; though if I was cutting grass or landscaping I would where I live, makes no sense to me as I am providing a service, but very happy I don't have to have one. We pay personal property tax here and I would have to list all my business related equipment and pay taxes on it every year I was in business. So until I am told otherwise by my county, I will not be getting a business license.
After divorce, child chronic illness, involuntary job change, parents illnesses and death, was force
I frequently regret it, the changes it has made to my life, but when life hands you horror, at least there is this "final solution" to your financial situation. I must admit, I sleep better, and I can finally hold my head up, and I no longer feel hopeless. Find the attorney you can work with,get your free consultation and DO WHAT HE TELLS YOU TO DO. If you have doubts, see a 2nd and a 3rd attorney, till you're comfortable with the person you choose.
family is family wheter 3 or 8 sm
i live in MA and $1200-$1400 a month is what good health insurance costs, ie $20-$40 copays.  it was just passed into law that if you live in MA you have to have medical insurance so without being self-employed, you can go right to BCBS etc and get a plan directly from the major health insurace companies, but for a family plan and a decent income bracket, forget it.  the prices are outragous.  right now my husband pays $120 a week for family plan and this is after his employer pays 30% of the total cost.  we have $20 copays, but we have a $2000 individual deductable per year with a $4000 family deductible cap.  so when my daughther needed her tonsils out, $2000 and when my son broke his arm, $2000.  someone on this board has to be able to tell you what they pay for insurance through their company as an employee.  good luck.
laws
In some areas there are laws against leaving a dog tied in a yard like this.  it is considered neglect or abuse or something
OT laws
What you're talking about here is illegal and violates the Federal labor laws. It is also not legal to just not pay someone if they work OT. You still have to pay them, and then deal with not following policy through whatever disciplinary action you have in place. But over 40 hours means OT pay, period. There is no exception to that and if your supervisor is advising you differently, he/she is asking you to break the law.
in-laws
Do any of you married people have trouble with your in-laws, particularly your mother-in-law?  Mine is quite domineering and manipulate, though my husband doesn't see it one bit.  She has really created a lot of problems between him and I because I don't think she ever really liked me.     However, he sides with HER all the time !
in-laws
I suffered with this for 15 years of my 17-1/2 year marriage. I finally started dishing it back to her, big time. She was really a spineless woman, and she retreated. In fact, they hardly ever came to visit anymore. However, the damage was done and the marriage died. So, good luck. I wouldn't go out of my way to try and please her, because believe me, you won't!
I have in-laws that are like that...

I wish I could also put it out of my head and get over it, but it still bothers me.  My MIL doesn't get it and has never wanted to. My mom was the only one who ever really understood before she died a few years ago, but only because she would ask me and wanted to know. My husband tells me to let it go, that they'll never understand. That includes his sisters and brothers. I'm 38 and still care about silly things like that. I do need to let it go and know that we are doing good by my working at home. I've seen all my three kids' firsts just by being here, and that's what is important. I've even mentioned to my MIL what I make in the past and still doesn't seem to care or want to know, just will say "oh, really?" and then move on to the next subject. When everyone is talking about having to work the next day at a holiday party, I keep my mouth closed now and say nothing. To them, I don't really work. I feel like a crazy person if I do mention working, like I have an imaginary job, so I quit talking about it. It's funny now because SIL's daughter went to school for this and is currently looking for a job, so they'll have to start understanding it better.  I'm glad to know I inspired her.


Old laws are still on the books everywhere.

Most schools will not use corporal punishment any more period.  Believe me, there are some kids at our school that could use a good whack on the backside.  However, the school district then would have to worry about assault charges from parents.  Teachers aren't willing to risk their entire careers over a bad apple.


The 4th grade girl who brought a handgun to my child's nice suburban school got suspended for three days and counseling.  The 5th grade boy who brought a knife was led off in handcuffs by police, but he was back in school the very next week.  Now, he's an angry high school kid who has to take a special class with other "angry" kids.  The kindergartener who stabbed my kid's teacher in the face with a metal mechanical pencil last year wasn't removed from her classroom at all.  Instead, they brought in a "behavioral specialist".  It wasn't working, but I told the principal if my children were in any of these kids' classes again, I'd be sending all my kids to private school.


My in-laws use a neti pot.
You can either buy a pot or use a water bottle with a hole cut in the lid. Fill it with 8 ounces of warm water and 1/4 teaspoon of NONiodized salt. Gently irrigate your nasal passages with it. Google for informative articles and video demonstration. Yuck.
please see my above post for laws...sm
please see my post just above this regarding laws that have changed and/or are changing in the 21st century..........*S*.....
To get a break your in-laws might consider...
respite care for a week or two. It would cost about what they are paying the private nurse. They would not even have to really "get away." Just having a break from constant care would be a vacation. I know; been there and done that!
The laws mandate...sm
that if a spouse or immediate family member is placed overseas by military then your employer would have to keep you working as long as you're willing. As far as your not being married, you'll need to ask your human resources department.
You need to read IRS laws....they have to pay
nm
no it does not...check your SS laws again.--sm
my father was on full SS after he retired. He worked part time as a security guard. He could NOT earn over a certain amount each month. There ARE restrictions, no matter if early retirement or full retirement.
No similar laws that I know of

Can you post a link?


India is notoriously lax on privacy, intellectual property, etc., types of laws.  Their judiciary system has always been at or near the top when it comes to corruption also.  It is easy to bribe your way out of trouble.  I know this.  I have family over there and hear plenty of stories of what goes on that would never get by in the USA.  The offshorers take chances in third world nations (not just to say India, there are others like Philippines, Pakistan, etc.).  They take these chances because of the fact that the labor is much cheaper.  They cross their fingers and hope for no trouble and since the USA has not outlawed sending its citizens' personal information to other countries, they are allowed to do so and they choose to boost their profits in the meantime.  It is what it is.  They are in business to make money.  Just like the subprime mortgage lending mess ... banks turning a blind eye to unqualified borrowers to make a  quick buck.  Now the chickens are coming home to roost for the banks.


Labor laws
I think there may be some strong labor laws against such behavior. State labor laws obviously vary, but even Federal Labor Laws should prevent this.

I hate to hear about collusion like this against a person, who possibly just had the temerity to disagree.

Quig
The laws cannot be ENFORCED, so we have no
way of knowing what they're doing with our info. Sending our sensitive information overseas where HIPAA laws don't apply including names, DOB, Social Security numbers, addresses, etc., in itself is a HIPAA violation.
Well, I bet it's because CA has laws that protect
workers, so certain skeevy companies at least don't want to hire them because then they would (horrors) have to pay them when there is no work rather than pay them nothing while they sit waiting for work. That's just one of the protections we have here in CA. IMO
That would be HIPAA laws....nm
nm
why would that violate laws? I would say you could do it -
nm
So you are educated in the laws of Aruba? Wow.
I sound like I have lack of knowledge about this case, as does Mrs. Twitty.  So, I guess me and Mrs. Twitty should look to you for explanations and answers as to where her daughter is and what happened to her?  Do you have some inside info the rest of the world is not privy to?  I'm just wondering because if not, you are blowing a lot of hot air around and basically just about as uneducated about the laws and the evidence surrounding this case as the rest of us.
Labor laws in some states (particularly CA) SM
are more stringent and some of the nationals won't hire from certain states because their laws are stricter than federal labor laws.