Do you go for the jugular in legal matters?

[Tonks]

--- In HPFGU-OTChatter at yahoogroups.com, "Dina Lerret" 
<bunniqula at ...> wrote:
>
> Tonks, thanks for your message!  I know my dad had his mortgage 
paid off and ~$100,000 in investments toward the beginning of 2004 
when both sides had to document their assets.  However, between 2004-
2005, he paid the full alimony and both his and my mom's lawyers 
fees.
> 
> After round two or three approximately over a decade ago and after
> suing a national law firm, eventually triggering its departure from
> Florida, getting some lawyers disbarred, and shaking up Florida's
> legal system a bit, my dad was awarded somewhere between
> $650,000-750,000, but his lawyer took a *huge*, HUGE chunk of that.
> So, I'm guessing she'd also take a good chunk of his money again.
> 
> 

Tonks:
I have been thinking about your mother and her situation. I know I 
should butt out of this, but then you did ask for advice, so here 
goes. Keep in mind that I do not really know the situation so I 
could be really off the wall here. (Basically your mother should 
have a good, fierce, attorney and do what he says.)
 
I know that you love both of your parents and this situation is a 
very trying one for you. But for the moment put your emotions aside 
and look at it from a point of logic.  Your father is an engineer 
and I know from all of the engineers that I have known in my life 
that they have no problem putting emotions aside and looking at the 
practical side of the situation.

First I suspect that your father's attorney is advising him to work 
only part-time in an attempt to 1. Get lower alimony payments and 2. 
Force your mother to go to work herself.  If she went to work 
herself that would not be a good idea because then your father's 
attorney will come back and say "she can support herself" and bang 
she will lose her alimony.  It sounds like a shred ploy on the part 
of your father and his attorney. Don't fall for it.

Second, engineers are VERY well paid. Even part time he probably 
makes twice as much as any of us would working full time, so don't 
feel sorry for him. 

A word about attorneys:  They do take a large part of most 
settlements when people are suing. But this is because in some types 
of cases they work for free until they win.  In ordinary cases they 
get paid by the hour.  Or if you mother is poor the attorney may 
work for the state. So it would depend on what type of arrangement 
your mother has with her attorney.

I would NOT get rid of the attorney.  Your mother does not speak 
English, she does not know the ways of our legal system, she would 
be eaten alive and left penniless and on the street without one.

This is what I would do if I were her.  Again this is my opinion and 
I am not an attorney and this is not legal advice. And not knowing 
the whole story, I could be way off the wall...

File liens against his home and do it ASAP. Next I would make sure 
that my attorney was either free to me through the county welfare 
office or was going to be paid a flat amount for his/her work.  Then 
I would read the divorce decree and see how many years my ex-husband 
was required to pay me.  If it is until I am 65 and I am 45 now that 
would be 20 years.  (It is probably less, but read the document.) I 
would take the time multiple by the amount, adjust for inflation if 
the degree does that or not if it doesn't. Come up with an amount.  
Let's say it was $1,750.00 a month, w/o adjustments for 20 years. 
That would be around $420,000.00.  With adjustments for inflation it 
would be much, much more.

Your father got $650,000.00 in a lawsuit. He probably actually got 
$300,000.00 if they actually paid him. (Just because you get a 
settlement doesn't mean you will ever see any of the money.)
And his house is paid for and he has $100,000.00 in investments.  

I would then have the attorney who has agreed to a flat fee, 
(hopefully this will be no more than say $3000.00) make a "deal" 
with your father. Make an offer.  He will be free of your mother 
forever.  His new wife can be free of your mother forever!  Just pay 
your mother a settlement of $300,000.00 cash. AND NOT A PENNY LESS. 
More if you can get it, and ask for more in the beginning, of 
course, but the bottom line would be around this amount.

Believe me when I say that your father will find a way to get this 
money. He will.  It will be worth it to be able to go back to work 
full-time.  It will be worth it to not have his current wife 
bitching about it every month.  He will find a way. He can mortgage 
the house.

Talk to an accountant, or ask the attorney who may know, and find 
out what will happen tax wise when you get such a large amount at 
one time.  She may have to put it in a special type of account to 
shelter it from taxes.  Put the money is some sort of SAFE type of 
investment account, like an annuity and draw money from it each 
month to live on.

You will need advise from an accountant, don't just listen to an 
Insurance or Investment salesman. They will just be trying to sell 
you what is best for their commission.

When the money is safe and she has a small income each month, help 
her learn English and get some education so that she can get a good 
job herself.  And she and you and even your father will live happily 
every after
 

Tonks_op