Maintenance Support/Inheritance


#1

My ex’s attorney is asking for me to pay his fees as well as maintenance.

My ex’s father passed on last year and she inherited some money from his estate. Can this be factored into he ability to make it on her own? If so, how would I go about proving - subpoena her Dad’s will?

Thanks.


#2

Separate property can be used to make a showing of a reduced need and that she has the financial ability to pay her own attorney’s fees, however a dependant spouse is not expected to deplete their savings in order to support themselves.
You do not need to subpoena the will, it will be more effective to request her bank records showing the funds are in her possession currently.


#3

There is case law in which a woman with a separate estate of around $90,000 sued her spouse for attorney’s fees. The judge ruled that it she could be expected to use her separate estate to pay the fees. Look up COA99-175 Bookholt v. Bookholt in a search engine.


#4

Erin, I see your reply about subpoenaing her bank records; however, I have been told that she put the money in a siblings name to facilitate her claim that she needs the money from me. Therefore, am I not better off to subpoena the Will?

Thanks.


#5

You may request her bank records back to the date of the transfer forward. These will show that she actually did receive the money and if she funneled the money out, the records will show that as well.
The will itself does not prove that she actually received a distribution.