divorce
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excuse me, i didn't say anything that points out that this forum is made up of 14 year olds... I myself is only 15 and i am only quoting from what the lawyer said. The rest, i am not so sure. The lawyer just said that my mother has to pay 15k.Originally posted by viciouskitty74:She dont even have to pay 15k.
If you got a smart lawyer, they will be advising her how she only need to pay $7.5k....
Or if you ask the right smart lawyer. She wont even need to pay a single cent.
What no negotiation? You fracking think this forum all made up of 14 year olds arh?
Anyway, thanks for your replies. -
Which lawyer.
PM me. I am interested to know. -
You are welcome.Originally posted by OasisBlue:excuse me, i didn't say anything that points out that this forum is made up of 14 year olds... I myself is only 15 and i am only quoting from what the lawyer said. The rest, i am not so sure. The lawyer just said that my mother has to pay 15k.
Anyway, thanks for your replies.
Just so you know. You are most likely being scammed. -
pay 15k
get more shan yang fei
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my mother and i faced the same problem few years ago, must pay him back the difference in CPF cos the flat is under both of thier names. back then, my mum asked for a lot of alimony as i was not yet 21 years of age. as he was not able to pay, they agreed that my mum need not pay a single cent to him, in return no alimony was being given.
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Disclaimer: The following is given without consideration or any form of compensation whatsoever and reflects my view, as an anonymous netizen, in a personal capacity and should be in no way whatsoever be construed as professional advice.
Dear Oasis,
With regards to "your father cheating your mother's money" - you may have a claim in equity; equity will intervene provided you have sufficient evidence. There are two heads of claim underwhich you can establish a cause of action against your father (your mother would have to bring this cause, not you) -unconscionable dealing, or undue influence. Your lawyer will be able to explain this to you in greater detail provided you manage to adduce sufficient evidence.
With regards to separation and divorce, I don't believe you have sought any legal advice at all. I would strongly recommend that you do. What you assert doesn't add up to me.
Law is an expansive area - it's not as clear cut as maths and physics. Again, I strongly suggest you seek proper legal advice; with the limited info you have provided, even if a lawyer were here, he wouldn't be able to provide anything constructive or of particular assistance to you.
RmyFrm
EDIT: PM me if you would like recommendations on lawyers in this field. When I say in this field, I mean Family Law. Whatever monetary considerations, CPF etc. is ancillary. Of course, PM me with your budget as well so I can better direct you - you wouldn't be able to support the fees of an SC with his own crack team on a $20,000 budget etc. -
TS, dun post tis type of thread on forum. asking advices from us is useless. u shld talk tis out with lawyers. they are e one whu can give u real gd advices.
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I will give you my TRUE Life Experiance NOW Happening!!
Me & Ex-wife have got the Grant of $50,000 back in 1998. We both have $25,000 of the grant. It of 1km close to my parent. November 2005 I receive my decree de nisi. Kids custody have gone to ex-wife cause our famours Women Chapter. I have to pay $1 for ex-wife maintenance & $500 for 2 kids. Our HDB still not settled. Court accepted my proposal. Either I buy the HDB or sell it to open market or surrender the flat back to HDB. I stay in the HDB. Ex-wife have to move out by law.
This Flat cost us $255k. Surrender Value is only $54k. The remain $200k + 24.5% Tax still have to re-pay upon surrender. So Surrender is not an option. Selling to open market is not adviseable cause now the flat only worth $210k & going south. $45k difference to pay in Loans (20% ex-wife & 80% me).
It has been coming to 2 years after getting my Decree de nisi. I never heard from HDB anything to force me to sell the HDB. To my understanding, me & ex-wife have been bound for 5 years live in period & 10 years not to re-sale. If re-sale happens a 24.5% tax will be impose on all party (Me & ex-wife) to recover the Grant. In this case, there is only 1 option actually. Selling to open market to kill all CPF.
Open market option I have by court the pirority to buy the house because I own 80%, living inside & maintening the flat. Ex-wife will have to at least fork out $90k ($25k Grant + 7% GST + my percentage 80% + 2% agent fee) to buy my share on top of the loans. For me to buy her 20% is about $9k+$25k+7%GST+2% agent fee. The Grant is actually following the house with either 1 of the owner living in that flat.
There is 1 more hidden options in HDB law, instead of buying & selling, you can do a transfer of HDB shares & take out the name of ownership with little money involved. CPF board will want to recover the $ of out going person. So the out going person need to declear to CPF board why He/She is giving away the CPF monies. The loans taken by the out going person will still continue even he/she do not own the flat anymore.
For my case I will try ask ex-wife to transfer her share under my name with 10k hard cash. So both can save 2% agent fee, 7% GST & 24.5% Grant penalty Tax. If she do not agree, I will go to COURT to force this matter. Reason being this is the only options not to kill all the CPF $, she will gain $10k alimonly immediately & not go into bankrupt for selling the flat to open market cause both have to pay the difference in sale value + tax + agent fee. Also in considering there is 2 kids to support. I have very strong grounds to force this issue. All Bad for ex-wife cause she still have to pay the remaining 20% of the Flat loans. I can only help by proposing to court to raise my maintenance another $100~150 where by I compensate her monthly HDB loan installment. But she still cannot buy another HDB because she still have HDB loans running. This I cannot help.
There might be changes in HDB laws, as always. So I don't see why your mother cannot get Divorce with HDB entanglment. It can be 2 different issues to settle. I recommend your mother to sell away the house, so both will have to pay back that $30k grant. 15K each but then your mother cannot apply any HDB until that 15K is repaid completed. Still I think 15k + laywer fee is the minimum your mother have to pay. It's fair.
As for your mother stating your father Cheating. To my experiance, Court will throw it out. Because there are too many cases during divorce call each other bad. Also Court will see it's really as internal family issues. 1 party issues rather then 2 party issues.
As always, Women Chapter make man looks lousy. But other issues will pull down women. Like kids future problems, future family issues, HDB, loans, Kids study fee. It's some how fair. -
Thanks everyone for your replies. My mom will seek for better legal advice.
Thanks again. -
The facts that you have provided are not adequate to enable a full evaluation.
What are the rules concerning the grant? Why does your mom have to compensate your dad $15K and after he turns 55 $55K?
What is your basis for having come to this conclusion? Is it in order?
I have more than half a dozen years of legal experience though I don't specialise in the area of family law. But PM more details me if you're interested in having an additional mind to explore strategies...... I dun think you'll want personal details to be seen by the whole world at large.
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Wow.Originally posted by surfer188:I will give you my TRUE Life Experiance NOW Happening!!
Me & Ex-wife have got the Grant of $50,000 back in 1998. We both have $25,000 of the grant. It of 1km close to my parent. November 2005 I receive my decree de nisi. Kids custody have gone to ex-wife cause our famours Women Chapter. I have to pay $1 for ex-wife maintenance & $500 for 2 kids. Our HDB still not settled. Court accepted my proposal. Either I buy the HDB or sell it to open market or surrender the flat back to HDB. I stay in the HDB. Ex-wife have to move out by law.
This Flat cost us $255k. Surrender Value is only $54k. The remain $200k + 24.5% Tax still have to re-pay upon surrender. So Surrender is not an option. Selling to open market is not adviseable cause now the flat only worth $210k & going south. $45k difference to pay in Loans (20% ex-wife & 80% me).
It has been coming to 2 years after getting my Decree de nisi. I never heard from HDB anything to force me to sell the HDB. To my understanding, me & ex-wife have been bound for 5 years live in period & 10 years not to re-sale. If re-sale happens a 24.5% tax will be impose on all party (Me & ex-wife) to recover the Grant. In this case, there is only 1 option actually. Selling to open market to kill all CPF.
Open market option I have by court the pirority to buy the house because I own 80%, living inside & maintening the flat. Ex-wife will have to at least fork out $90k ($25k Grant + 7% GST + my percentage 80% + 2% agent fee) to buy my share on top of the loans. For me to buy her 20% is about $9k+$25k+7%GST+2% agent fee. The Grant is actually following the house with either 1 of the owner living in that flat.
There is 1 more hidden options in HDB law, instead of buying & selling, you can do a transfer of HDB shares & take out the name of ownership with little money involved. CPF board will want to recover the $ of out going person. So the out going person need to declear to CPF board why He/She is giving away the CPF monies. The loans taken by the out going person will still continue even he/she do not own the flat anymore.
For my case I will try ask ex-wife to transfer her share under my name with 10k hard cash. So both can save 2% agent fee, 7% GST & 24.5% Grant penalty Tax. If she do not agree, I will go to COURT to force this matter. Reason being this is the only options not to kill all the CPF $, she will gain $10k alimonly immediately & not go into bankrupt for selling the flat to open market cause both have to pay the difference in sale value + tax + agent fee. Also in considering there is 2 kids to support. I have very strong grounds to force this issue. All Bad for ex-wife cause she still have to pay the remaining 20% of the Flat loans. I can only help by proposing to court to raise my maintenance another $100~150 where by I compensate her monthly HDB loan installment. But she still cannot buy another HDB because she still have HDB loans running. This I cannot help.
There might be changes in HDB laws, as always. So I don't see why your mother cannot get Divorce with HDB entanglment. It can be 2 different issues to settle. I recommend your mother to sell away the house, so both will have to pay back that $30k grant. 15K each but then your mother cannot apply any HDB until that 15K is repaid completed. Still I think 15k + laywer fee is the minimum your mother have to pay. It's fair.
As for your mother stating your father Cheating. To my experiance, Court will throw it out. Because there are too many cases during divorce call each other bad. Also Court will see it's really as internal family issues. 1 party issues rather then 2 party issues.
As always, Women Chapter make man looks lousy. But other issues will pull down women. Like kids future problems, future family issues, HDB, loans, Kids study fee. It's some how fair.
Thanks for sharing. It's really good information.
Hope the 14 years old here understood too.
TS, just so you know. I understand its kinda hard not to believe your mother, or your father, or whatever they tells you. Hope you understood what the above people has shared and also understand your parents better.
Good luck. -
alimony refers to the payment to the spouse.Originally posted by jacqn:my mother and i faced the same problem few years ago, must pay him back the difference in CPF cos the flat is under both of thier names. back then, my mum asked for a lot of alimony as i was not yet 21 years of age. as he was not able to pay, they agreed that my mum need not pay a single cent to him, in return no alimony was being given.
child maintenance refers to the monies for the children's maintenance as the name implies.
Your above might have implied that the flat was transferred to your mother, in trust for you, constitute the 'alimony' for you as child maintenance.
It was understood that some wives might not receive a single cent. but the courts will not allow for NO-CHILD MAINTENANCE. There was situations where even there was no flat, no house, not assets for the family, the court will still order the father to give S$1/- a month to the child as child maintenance. -
juz curious, what's the reason beind the divorce?
i hope it's not juz to avoid the $50k compensation.