My girls & I are still living in the house in which my ex husband will get from our divorce in 2013 which my name is still on. Per our orders, I have to pay mortgage which includes property taxes & 1/2 the homeowners. Up until a few months ago, he was paying & deducting out of child support. As of 3-1-16, I'm directly paying. I paid though deducted 1/2 of homeowners per our JOD. He's refusing to pay his half, stating he's overpaid on other things. He also has a delinquent water bill that he was ordered to pay last year, over $1,000, in which a portion keeps getting added to our property taxes (that I pay). He's refusing to pay that also. I've sent him an email stating that he needs to pay his half of homeowners or mortgage will be considered late. He says his credit is already bad so he doesn't care. Now that affects my credit. And now he's stating that he's going to sell the house so we have 60 days to get out.
You sure have a lot going on without an attorney.
Either he is abiding by the court order or he is not. If he is not, file a motion for contempt.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
I agree with the reply suggesting you consult with counsel. You have way too much going on here to resolve in a paragraph or two.
If he's not following a court order that is important. But without seeing the relevant order(s) it's hard to say what could (or should) happen. To give you just a couple example,s it is not clear where he gets authority to sell the home or tell you to leave. It's also not clear why he is deducting things from his child support payment either.
I know the answers to these questions would probably lead to even more questions to be sure I understood the background. That is why consulting with an attorney is best here.
Please note that answering this question does not make me your attorney. However if I answer your question I probably handle the type of case you asked about.
The critical information necessary to answer your questions are in your judgment. I suggest that you go back to the lawyer who helped you with a divorce or that you find another lawyer. The lawyer needs to review your divorce to help you understand your alternatives.
First, you say your ex-husband will get the house but you do not tell us when, or under what terms or conditions. You need to know when you may have to move.
Second, it sounds like he is failing to pay things that he is required to pay. You should discuss with the lawyer the possibility of filing a motion to have your ex held in contempt of court for failing to pay these amounts. You may also want to obtain an order that says that if he fails to pay as required, that you will receive the money from the sale of the home. This would be in addition to other relief that is available to you.
Best of luck.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
See an attorney with the divorce judgment as there are too many issues to address here. He is to pay in accord with the judgment and your should be enforcing payment and accounting. All will depend on the language of the judgment
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