Estranged husband of N.Y. Lottery winner to sue for his share

Feb 21, 2011, 11:00 am (48 comments)

New York Lottery

The estranged husband of the Irishwoman who won a $21.5 million New York Lottery jackpot is set to sue her for his share of the winnings.

Patricia Daley Eisel's divorce from her husband, Jamie Eisel, was not yet finalised at the time of her win — which worked out to $8 million after taxes — in January.  (See Long Island waitress wins $21.5M Lotto jackpot, Lottery Post, Jan. 28, 2011.)

They separated a year ago, after 13 years of marriage, and he is now living with a new partner. Patricia and Jamie have three children together.

The New York Post reports that Jamie Eisel is the subject of $8,000 worth of claims by three banks and the state, according to court records.

Daley Eisel was working two jobs — as a waitress and a babysitter — when she drew the winning six numbers.  She should have been back in her native Offaly at the time, but bad weather meant her flight home was cancelled, and so she ended up spending Christmas in New York — where she played the lottery on a whim while doing her grocery shopping.

According to the Irish Echo:

Having won seven dollars on a previous lottery draw, she revealed how she asked the teller "What's on tonight?'". He said, "Powerball and Lottery". "I added a dollar to my $7 ticket and said, 'Give me a $4 quick pick on both'."

She was doing her laundry the next day when she decided to check her numbers — however, it was another three weeks before she claimed the money.

I got nervous, I didn't want any attention on my kids and I wanted to think.

Lawyers told the New York Post that Jamie Eisel may be entitled to up to half the winnings. "Generally, monies that are from the lottery are deemed to be marital monies. It's subject to equitable distribution in New York," attorney Marilyn Chinitz said.

However, Irish Central reports that Eisel's co-workers at the Saloon Bar in Long Beach say her ex-husband shouldn't get a share.

One waitress told The New York Post, "They had a contentious relationship. I bet [Jamie's] sorry now. She looks better than she ever did. She looks like she's glowing."

Eisel said at the time her win was a godsend.

"I have been in America since '95. I babysat at first and right now I live in Long Beach. I waitress and bar, tend and mind kids.

"It's a struggle to keep it all together but it's good — the bar's good where I work. But this is going to make it a lot better."

She has sworn "to keep life normal, no big purchases." She even said she'd keep working "for a while."

Lottery Post Staff

Comments

megamanX's avatarmegamanX

congratulations to both winners

sully16's avatarsully16

Congrats to Patricia.

joshuacloak's avatarjoshuacloak

people should just stop getting married then....

however she said she was in  America  sense 95".  oooo so by getting married she got her self a "get out of jail free card" so to speak, and got to stay here forever then?  both stories was not clear on that for me,

 

sense must people don't know this,

but you Don't need the state to grant you the right to marry someone

, for 100+ years people got married in usa before the Sate started "granting" people the right they already had, to get married

,   they called it Common-law marriage

  ,  you just record it in your family bible so forth back then,   by getting married today, Bam, you just signed a contract with the state, and ever law that applys to "state/govt" married people must obey when <snip> hits the fan

 

its really silly, people go to the govt at ever point to get something they already had, they already had the right to marry, its just they wanted it to be form the "all powerful gods" of the govt,

back then, people thinked only god was the one to marry people, now its the govt, LOL,  anyway anyone who get married by "govt" deserves to be robbed of half their winnings, even thro this guy clearly does not deserve it

This post has been automatically changed by the Lottery Post computer system to remove inappropriate content and/or spam.

Boney526's avatarBoney526

@ Josh

 

Yes, I've always thought that the government shouldn't be regulating marriage.  At least the Feds, but States too, for the most part.

buttercake's avatarbuttercake

This is unfair they shouldn't award him half of her winnings, but then again how long would it be before he's back where he is broke to the bones, he is just greedy

ttech10's avatarttech10

Since they had been separated for a year and it seems as though she has the kids, he shouldn't get anything. If he had/has the kids then it would be a different story but that doesn't seem to be the case.

luisM

The Law is Reason, Free from Passion -Aristotle

PERDUE

They separated a year ago, after 13 years of marriage, and he is now living with a new partner. Patricia and Jamie have three children together.

The New York Post reports that Jamie Eisel is the subject of $8,000 worth of claims by three banks and the state, according to court records.

 

If the courts HAVE to give Jamie Eisel anything, they should ONLY give him $8,000 AND make him pay back child support plus interest if any.

Once again greed rears it's ugly head. It is obvious that he moved on with his life. After all he is shacking up with his new partner.

Patricia Daley Eisel deserves the best for herself and her children. If there is any justice in this country, greed will not win out.

I wonder, if Jamie owes three banks $8,000, how much does he owe the loan sharks?

megamanX's avatarmegamanX

people would be all over the guy to give her half if he had won. Don't want to share a big jackpot with your ex? Get a divorce before playing.

Blackie

He shouldn't get anything . They both agreed to go their own ways a year before.  If I agree to leave a year or even a week ago , am I entitled to come back and get half of your belongings , furniture , clothes etc a year later . She bought the ticket , he paid nothing for it , she signed it not him , it belongs to her.

He lives with someone else now. He had no intention of returning to his ex.  Also if he had won , do you think his new interest would let her have half ??

Littleoldlady's avatarLittleoldlady

Pay him half and then hit his A$$ up for child support!

dr65's avatardr65

W-Eisel

myturn08

Quote: Originally posted by Blackie on Feb 21, 2011

He shouldn't get anything . They both agreed to go their own ways a year before.  If I agree to leave a year or even a week ago , am I entitled to come back and get half of your belongings , furniture , clothes etc a year later . She bought the ticket , he paid nothing for it , she signed it not him , it belongs to her.

He lives with someone else now. He had no intention of returning to his ex.  Also if he had won , do you think his new interest would let her have half ??

all true but u have to remember that getting married is a business arrangment also, if they really wanted to cut all ties to each other they should have ended the license they have for one another loooong time ago!!

dallascowboyfan's avatardallascowboyfan

Congratulations Patricia.......

Feisty1

Congrats to her! But there's always more to a story and stuff behind the scenes that doesn't get explained ... In New York you have to be legally separated for at least one year before you can get an "uncontested" divorce.  Less time if you want to duke it out in court ... [Obviously I'm speaking from some experience here ...]

She'll probably have to make some little settlement, but I doubt he'll get half! Hopefully she had a good separation agreement made up.

jeffrey's avatarjeffrey

Quote: Originally posted by PERDUE on Feb 21, 2011

They separated a year ago, after 13 years of marriage, and he is now living with a new partner. Patricia and Jamie have three children together.

The New York Post reports that Jamie Eisel is the subject of $8,000 worth of claims by three banks and the state, according to court records.

 

If the courts HAVE to give Jamie Eisel anything, they should ONLY give him $8,000 AND make him pay back child support plus interest if any.

Once again greed rears it's ugly head. It is obvious that he moved on with his life. After all he is shacking up with his new partner.

Patricia Daley Eisel deserves the best for herself and her children. If there is any justice in this country, greed will not win out.

I wonder, if Jamie owes three banks $8,000, how much does he owe the loan sharks?

If the situation was reversed and it has been, the women would scream for the mother to get the money. Women have been divorced for years and have been awarded half by the state. In my heart, I believe a lot of women hate men. Remember, men are your sons, brothers and fathers. Men are the same species as you and only differ a litte. Men and women are the 2 halves of a whole and when mating form the beast with 2 backs.

If you don't want to share your life, don't marry. If you do marry, it is a contract and lottery winnings are considered marital assets. If you try to hide them, sometimes the courts will award the whole amount to the wronged spouse. Food for thought.

louise black

Quote: Originally posted by Blackie on Feb 21, 2011

He shouldn't get anything . They both agreed to go their own ways a year before.  If I agree to leave a year or even a week ago , am I entitled to come back and get half of your belongings , furniture , clothes etc a year later . She bought the ticket , he paid nothing for it , she signed it not him , it belongs to her.

He lives with someone else now. He had no intention of returning to his ex.  Also if he had won , do you think his new interest would let her have half ??

I Agree! Jamie or what ever his name is , isn't entitle to any of her monies he is  just another man taking advantage a woman and her kids. I agree whole heartly Blackie with your assessment.CONGRAT!!!!!!!!!! TO PATRICA AND KIDS.

computerhead723's avatarcomputerhead723

Quote: Originally posted by louise black on Feb 21, 2011

I Agree! Jamie or what ever his name is , isn't entitle to any of her monies he is  just another man taking advantage a woman and her kids. I agree whole heartly Blackie with your assessment.CONGRAT!!!!!!!!!! TO PATRICA AND KIDS.

hey  when ever  anyone  gets  a  chance  ...look  at  the  new  web  page  for t he  NY  lottery...then  do  a  map  search  for  the  winners  ;

you  will  see  a  vast  difference  in  winners  all  in  the NY  city  area  and  Alabny ,ny   area ...big  winners  but  buffalo  and  niagra falls  area  not  so  lucky??

 

/Sad

louise black

Quote: Originally posted by jeffrey on Feb 21, 2011

If the situation was reversed and it has been, the women would scream for the mother to get the money. Women have been divorced for years and have been awarded half by the state. In my heart, I believe a lot of women hate men. Remember, men are your sons, brothers and fathers. Men are the same species as you and only differ a litte. Men and women are the 2 halves of a whole and when mating form the beast with 2 backs.

If you don't want to share your life, don't marry. If you do marry, it is a contract and lottery winnings are considered marital assets. If you try to hide them, sometimes the courts will award the whole amount to the wronged spouse. Food for thought.

Sun SmileyJeffrey I understand completely what you are saying ,being a woman with six brothers you have a point but if I am strugging to made it and my estrange husban left me and the kids to fend for ourself,sorry he not entitle to my monies.I say the same about a woman that did the same thing. I love men, but will hold them acountable.

louise black

Quote: Originally posted by computerhead723 on Feb 21, 2011

hey  when ever  anyone  gets  a  chance  ...look  at  the  new  web  page  for t he  NY  lottery...then  do  a  map  search  for  the  winners  ;

you  will  see  a  vast  difference  in  winners  all  in  the NY  city  area  and  Alabny ,ny   area ...big  winners  but  buffalo  and  niagra falls  area  not  so  lucky??

 

/Sad

What are you saying, look where?

S157855

Quote: Originally posted by megamanX on Feb 21, 2011

people would be all over the guy to give her half if he had won. Don't want to share a big jackpot with your ex? Get a divorce before playing.

Im going threw a divorce right now, we have'nt seen eachother for 3 years 2 months, she hasnt seen our 2 children for over a year and 1/2. If i won during the divorce of course a lawyer would try to get her half.. Remember lawyers make money when there clients make money...

 

He doesnt deserve anything, after all hes already moved on. Marriage seems more and more like a waste of time. Its easy to get into, hard to get out of. Since he's living with a new partner, by a moral standard, Patricia shouldnt be held to the BUSINESS aspect of a marriage, for a lack of a better word, situations like this are bull----.

dphillips's avatardphillips

Her loss, his gain: she should have never married.  Anyway, they weren't divorced, so he's laughing all the way to the bank.

podder1's avatarpodder1

but remember they say she did file for a divorce, even if the papers are not finalized, that should  mean something, did he even show up for his divorce or what.

TheGameGrl's avatarTheGameGrl

I agree with those that say if the shoe was on the other foot. Amazing how gender plays apart in the fiasco of opinions. Bottom line: The Laws of New York take precedence. Any opinion displayed by posters is not  going to change that law. And just to make matters sweeter, he can then file for alimony. She'll need to get a good lawyer to negotiate the sums.....

Child support is a separate issue to be determined thru another system.

I personally think ADULTS be they married or not need to stand and fall on their own two feet. But then again I was raised not to ride the coat tails of others.

BaristaExpress's avatarBaristaExpress

Just another reason for all state lotteries to allow people to make their claims anonymously!

Littleoldlady's avatarLittleoldlady

married when ticket wins separated or not=half.

also depends on the state where they got married.

She should give him half of the money

and then give him HIS LEGAL LIABILITES!

I would also make sure he paid their college tution.

Child support -  Oh my!  at least 750.00 per week.  All medical bills and dental bills and if he is supporting the other woman's children..oh well give them some, too.

hsg2000A

Why don't we change the law?

The freebie is not permitted to be given to the estranged partner.

Agree with stupid    Angry

savagegoose's avatarsavagegoose

well a lot of these cases can be settled out of courtt, and not always fgor half, he maybe claiming half but will settle for less. what her lawyers have to determine is how little will he settle for.

 

or can let the judge decide.either way justice is supposed to be blind so dont matter if its a guy or woman  payout should be the same.

but if i was defendant id point ot the fact he never paid child support so its prob best to award some of the  money to me as hes not likely to  pay now he is richer, so its safer in my pocket not his.

whitmansm2's avatarwhitmansm2

In my opinion, its her win so she keeps the bulk of it. Give him some, because she came forward before the divorce was final. I'm thinking she had the kids, he left and made a new life. He couldn't afford childsupport so she didn't divorce him right away. (assuming here...don't know the full story) If he is demanding half. Take him to court. Get childsupport, back dated, then sue for back alimony if she didn't work when they were together. He can't get alimony because the money was won after they seperated. I'm only saying this because she has the kids...if he did I would be siding with him. Also, if he is being a [bleep] then I would also get him for adultry since they are still legally married. He can't afford his bank loans or whatever he has, he sure as hell can't afford a good attorney. If he does find one that will work on a if you win, I win basis, he'll get jipped out of a LOT more money. He might just want to settle and be happy with what he gets. :)

dpoly1's avatardpoly1

If he gets anything, he needs to pay child support!

She works hard, he can help then!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

But it seems that he would probably just waste whatever he would get, so let her keep it all and just call "his" share child support!

podder1's avatarpodder1

what if the courts give him half the winnings .then they take half back for child support and to top it off   the lady that he lives with take him for the rest of the money  wouldn't that be funny

S157855

Quote: Originally posted by whitmansm2 on Feb 22, 2011

In my opinion, its her win so she keeps the bulk of it. Give him some, because she came forward before the divorce was final. I'm thinking she had the kids, he left and made a new life. He couldn't afford childsupport so she didn't divorce him right away. (assuming here...don't know the full story) If he is demanding half. Take him to court. Get childsupport, back dated, then sue for back alimony if she didn't work when they were together. He can't get alimony because the money was won after they seperated. I'm only saying this because she has the kids...if he did I would be siding with him. Also, if he is being a [bleep] then I would also get him for adultry since they are still legally married. He can't afford his bank loans or whatever he has, he sure as hell can't afford a good attorney. If he does find one that will work on a if you win, I win basis, he'll get jipped out of a LOT more money. He might just want to settle and be happy with what he gets. :)

She did'nt have a choice about coming forward after the divorce was final. If she did wait that long, there would have been a strong possibility that she would be charged with Fraud (And he would get ALOT more than he could get now). Since she knew she had won alot of $$$. Bang Head I think it falls under; "Gross value of expectancies and unrecieved inheritances".

OldSchoolPa's avatarOldSchoolPa

Just like I commented on the lady who recently won half of the big MegaMillions jackpot....the estranged partner is entitled to half the lottery proceeds.  It seems as though when the winner is a woman, people tend to believe that the man should not get any of the winnings.  However, previous cases of lottery winners who were men resulted in the man having to share the winnings with the estranged wife.  So it has to cut both ways...and I believe most feminists would agree with that.  If not, then women don't truly want to be equals with men....instead, it would appear they want to be superior to men and above the law.

PERDUE

Quote: Originally posted by jeffrey on Feb 21, 2011

If the situation was reversed and it has been, the women would scream for the mother to get the money. Women have been divorced for years and have been awarded half by the state. In my heart, I believe a lot of women hate men. Remember, men are your sons, brothers and fathers. Men are the same species as you and only differ a litte. Men and women are the 2 halves of a whole and when mating form the beast with 2 backs.

If you don't want to share your life, don't marry. If you do marry, it is a contract and lottery winnings are considered marital assets. If you try to hide them, sometimes the courts will award the whole amount to the wronged spouse. Food for thought.

My comment is for the wife because she is the one working her butt off to take care of her kids...

And I will say it again....... IF THE TURD DID NOT PAY CHILD SUPPORT THEN ALL HE SHOULD GET IS $8,000 AND BE CHARGED BACK CHILD SUPPORT PLUS INTEREST.

Like a lot of people I have sons and nephews and brothers and uncles.

I also think that it is real LOW that men have to pay child support and by the time the kid comes of age there is not a dime in the bank for the kid to go to school. You can't tell me that you spend over $200 on a kid every month of the year every year. If you do I would look you in the eye and call you a F***ing liar.

I also think that is is real SHI**Y that men have to leave their homes when some lying azz woman calls the police and tell them she was hit.

I also think that it is a crime in nature when a man has to endure being hit by a woman and fear going to jail if he pops her azz back.

I know it is a real INJUSTICE to be forced to pay for a child that is not yours just because it is discovered later down the line that it is not your kid.

It doesn't matter if you are married or not. A lot of this shi* is a result of men running amuck in the past now this generation gotta pay the price for what happened before they were born.

I personally believe that the custodial parent should be held accountable for all the child support money that passes through their hands during the time the money is being received.

PERDUE

Does anyone remember this story that was posted Nov. 2010?

 

Ex-wife gets millions from lottery winner 10 years after leaving him

 

A UK man who won $90 million in the lottery has been ordered to share his winnings with his ex-wife, who left him for another man 10 years ago.

 

https://www.lotterypost.com/news/223712

 

Once again GREED REARS IT'S UGLY HEAD!!!

ppacombu

He should not get shiit. This is greediness. When the lady was working hard, he never bother to go to her, and now when he heard the news he's all greedy. he doesn't deserve it.

S157855

Quote: Originally posted by PERDUE on Feb 22, 2011

Does anyone remember this story that was posted Nov. 2010?

 

Ex-wife gets millions from lottery winner 10 years after leaving him

 

A UK man who won $90 million in the lottery has been ordered to share his winnings with his ex-wife, who left him for another man 10 years ago.

 

https://www.lotterypost.com/news/223712

 

Once again GREED REARS IT'S UGLY HEAD!!!

I Agree!

 

I don't care what foot the shoe is on. In the end its all bull----. I've truely decided never to remarry after my divorce is final.

 No No Greed is Bad, our Justice System is Worse.

TheGameGrl's avatarTheGameGrl

I agree with you OLdSchoolPa.

LOve the fact people have opinions here! Just cant quite grasp the double standards and assumptions. None of us know all the facts or even the true facts of the matter to make educated remarks be it legal or otherwise. I remain open to the fact that since they werent legally divorced the courts need to rule on the distribution of equity. Who's to say he didnt take care of her early on in the marriage....Ohh thats right, The man is "supposed" to take care of the wife.....

The lady needs to count her blessings, she has healthy children and they are in her care. That is more then winning any lottery! Money can be replaced, children...not so easy. They are a lifetime investment and I dont mean it from having to pay for them but what you invest in them to be upstanding adults.....

KY Floyd's avatarKY Floyd

"However, Irish Central reports that Eisel's co-workers at the Saloon Bar in Long Beach say her ex-husband shouldn't get a share."

Well no problem, then. Just tell the judge and everything will be just fine.

Seriously, what part of "'til death do you part" is so hard to understand? Marriage is a legal contract, and the length of the contract is for a well known standard time period. I agree that it would make an awful lot of sense if it could be dissolved as easily as other contracts if both parties agreed in writing that they wished to dissolve the contract, but that's not how it works right now. Until the rules for terminating the contract are changed, agreeing that you're going to terminate it and terminating it are different things.

FWIW, the law already has a perfectly workable solution called a pre-nup. Besides specifying how property will be divided if the marriage ends there's probably no reason it can't also specify that the financial relationship will end when one partner files for divorce, assuming the divorce is granted. Idon't see any problem with enforcing a contract written when filing for divorce saying the same thing, either. Of course the partner has to agree to the terms, and if this guy was a deadbeat and didn't play the lottery there's no reason he'd agree to just let her keep it.

butterflykt's avatarbutterflykt

Congrats to her...to him?!?!?  This is going to be a complete mess.

pamelab

Sometimes when you're not wise in your business this is what happens, vulchers are always waiting for that opportunity.  I was told by a ex in-law when I was separated from my ex, that if something happen to him due to the crazy lifestyle he had, I am still liable unless I was divorced.  I did'nt argue, debate or say a word I just used it as a word to the wise and quietly filed for divorce immediately.  I knew what I was dealing with. I could see him trying some mess like this.

RJOh's avatarRJOh

I've seen worst when ex girl/boy friends or even co-workers tried to make a claim there was once an agreement if either ever won a lottery jackpot that they would share.  Such claims are usual made figuring the winners would rather easily share their winnings than have them tied up in an expensive court fight for years.

wally2164's avatarwally2164

Quote: Originally posted by Blackie on Feb 21, 2011

He shouldn't get anything . They both agreed to go their own ways a year before.  If I agree to leave a year or even a week ago , am I entitled to come back and get half of your belongings , furniture , clothes etc a year later . She bought the ticket , he paid nothing for it , she signed it not him , it belongs to her.

He lives with someone else now. He had no intention of returning to his ex.  Also if he had won , do you think his new interest would let her have half ??

Totally agree.  Make him pay off his own debts by himself.

myturn's avatarmyturn

The identity of lottery winners should not be made public, state lotteries in Australia can not reveal the identity of winners without their permission, 99.9% of winners choose NOT to go public.

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