Tagliabue Ruling Today Could Mean The End Of Sean Payton In New Orleans

[Gaede]

If Garrett does leave and we get none of those coaches. I wouldn't mind David Shaw out of Stanford.

Agreed. He's the one college coach I really like.

 

[Luckenbach]

If they are separated then how is it an affair?

Ross on 'Friends' ran into a similar situation...

 

[maxdallasfan]

I don't want Payton here. He hurt the game with that bounty bull crap.

 

[houstonwhodat]

I don't want Payton here. He hurt the game with that bounty bull crap.

Sheep.

 

[maxdallasfan]

Sheep.

Back at ya

 

[peplaw06]

That's an uninformed rumor. If they are getting divorced, his contract next year is irrelevant. She has no claim on that as they are getting divorced. It is not going to be considered community property.

All that would affect, if anything, would be support coming from him. It is reasonable to project that he's going to be making a ton of money in the future, so whether there is a contract in place or not likely has no impact.

If the divorce is still pending when/if he signs a new deal, then it could be considered community property.

 

[peplaw06]

Several articles note that the issues in their divorce are about custody. It seems that they are not arguing about how the estate gets divided

http://msn.foxsports.com/nfl/story/...saints-suspended-head-coach-bountygate-070212

http://www.nola.com/saints/index.ssf/2012/07/saints_coach_sean_payton_wife.html

And, as I noted, if you file for divorce, you really have no claim on division of earnings past that point

I seriously doubt that they're going to have no issues over the estate, simply because of the size of it.

 

[Hostile]

I was told there was a 95% certainty he wasn't leaving Nawlins.

I'm shocked....

http://cowboyszone.com/forums/showpost.php?p=4895322&postcount=18

Do I hear the Chris Warren Band singing "Break it Down?"

~chop~

 

[AbeBeta]

I seriously doubt that they're going to have no issues over the estate, simply because of the size of it.

But Peppy -- can you address the real issue here. Whether after separation and filing for divorce, if a contract for 2013 is somehow impeded? I doubt very much that she'd have a claim on that.

Also, the initial filing indicated they felt they could settle estate out of court. With the counter focused on custody rather then estate issues.

 

[AbeBeta]

If the divorce is still pending when/if he signs a new deal, then it could be considered community property.

I strongly disagree with you here - in practice, community stops when separation occurs. That is a judgement call, but this opens up the option for one party to simply refuse settlement for months and even years in order to lay claim on community property.

I think we both know that her claim is limited here.

 

[peplaw06]

I strongly disagree with you here - in practice, community stops when separation occurs. That is a judgement call, but this opens up the option for one party to simply refuse settlement for months and even years in order to lay claim on community property.

I think we both know that her claim is limited here.

Well, unless you can point me to the statute in the Texas Family Code that defines separate property as "property that is owned prior to marriage, or property acquired during the marriage by gift, descent or devise or acquired after the filing of a petition for divorce," then I'll go with the good old community property presumption.

Texas doesn't recognize legal separation, so there is no effect on the community property presumption once a divorce petition is filed.

You can argue that she shouldn't have a claim to the property acquired after separation, but it won't get you far -- especially if it's a sum of cash or an asset that doesn't have a debt associated with it.

 

[peplaw06]

But Peppy -- can you address the real issue here. Whether after separation and filing for divorce, if a contract for 2013 is somehow impeded? I doubt very much that she'd have a claim on that.

Also, the initial filing indicated they felt they could settle estate out of court. With the counter focused on custody rather then estate issues.

Everything he earns while they're still married is subject to division. If he signs a contract while they're still married and starts receiving income, or gets a signing bonus, then it's divisible. I would be surprised if it WERE NOT a consideration given the fact a divorce is pending.

And the contents of the initial filing have no binding effect. Probably 99% of the divorce petitions I file state, "Petitioner believes that the parties will reach an agreement for division of the community estate. If such an agreement is not reached, Petitioner asks the Court to divide the community estate in a just and right manner as provided by law." It covers both scenarios, and doesn't paint anyone into a corner. And even if you ONLY state that the parties will reach an agreement in the original petition, you can always amend your petition and ask for the Court to divide the estate up if an agreement is not reached.

 

[peplaw06]

http://cowboyszone.com/forums/showpost.php?p=4895322&postcount=18

Do I hear the Chris Warren Band singing "Break it Down?"

~chop~

Another reason it's significant that the suspension end at the conclusion of the regular season as opposed to after the Super Bowl is that most, if not all, teams looking for a head coach will be doing their search and hiring someone before the Super Bowl. If Payton's suspension isn't up until after the Super Bowl, he won't be able to talk with teams with coaching vacancies either.

 

[Hostile]

Another reason it's significant that the suspension end at the conclusion of the regular season as opposed to after the Super Bowl is that most, if not all, teams looking for a head coach will be doing their search and hiring someone before the Super Bowl. If Payton's suspension isn't up until after the Super Bowl, he won't be able to talk with teams with coaching vacancies either.

You are 100% correct counselor.

 

[Seven]

Dang, Pep. Great stuff. You put some stank on it. Good job.

 

[Blackspider214]

And just why in the world would Payton want to coach the Cowboys? Jerry would still be the GM & owner with all the power. Payton would have to negotiate a contract with Jerry which would give him all the power including naming his own GM to run the club. No other way should Payton even consider being associated with the Cowboys.

People said the same about Parcells coming here. You know this maybe goes in cycles. Jerry was apart of 3 Super Bowls in the 90s in 4 years. After the 2nd one, he thought he could do it all on his own. Then he saw he couldn't. At all. Brought in Parcells in 03. Then he wanted control again and they parted ways. It's been, what, 6 or 7 years? That was about the length before he turned over control to Parcells and he turned it around. Maybe it happens again.

 

[Hostile]

People said the same about Parcells coming here. You know this maybe goes in cycles. Jerry was apart of 3 Super Bowls in the 90s in 4 years. After the 2nd one, he thought he could do it all on his own. Then he saw he couldn't. At all. Brought in Parcells in 03. Then he wanted control again and they parted ways. It's been, what, 6 or 7 years? That was about the length before he turned over control to Parcells and he turned it around. Maybe it happens again.

Parcells was not tied to any team at the time. Payton is. That's a pretty big difference.

 

[AbeBeta]

Everything he earns while they're still married is subject to division. If he signs a contract while they're still married and starts receiving income, or gets a signing bonus, then it's divisible. I would be surprised if it WERE NOT a consideration given the fact a divorce is pending.

And the contents of the initial filing have no binding effect. Probably 99% of the divorce petitions I file state, "Petitioner believes that the parties will reach an agreement for division of the community estate. If such an agreement is not reached, Petitioner asks the Court to divide the community estate in a just and right manner as provided by law." It covers both scenarios, and doesn't paint anyone into a corner. And even if you ONLY state that the parties will reach an agreement in the original petition, you can always amend your petition and ask for the Court to divide the estate up if an agreement is not reached.

Nice work there!

Can you tell me how a contract is viewed though? Having a deal in place to make money for the next five years isn't the same as earning that money, right?

Also what happens if someone simply delays the proceedings over and over? Doesn't that play to the monetary advantage of the spouse who earns less?

 

[Chocolate Lab]

Parcells was not tied to any team at the time. Payton is. That's a pretty big difference.

That has nothing to do with his point, though, which was "Why would he want to coach here".

Which even shouldn't be a question. Too many sources close to him are saying he would like to have this job.

 

[Hostile]

That has nothing to do with his point, though, which was "Why would he want to coach here".

Which even shouldn't be a question. Too many sources close to him are saying he would like to have this job.

I'm sure a lot of coaches would. Parcells himself was wowed by having that job.