I am divorced and recently met a woman who is going through a divorce. We are very involved and trying to build a new life for us. Of course, the problem is the divorce and a house sale. The STBX has left the area, doesn't make any real money, doesn't help financially and now is saying he isn't in agreement with what he originally verbally agreed to as far as the conditions of a divorce. My friend is at her wits end as to what to do about this. She hired a lawyer but he is dragging his feet. That wasn't necessarily a big deal until just a few days ago when the STBX decided he didn't agree with the original decisions. He verbally agreed to help pay half the mortgage payment until the house sold, and come up with the funds at closing whenever the property sold. There is also a credit card account with a small balance (few grand) but that's not a big issue. As you all probably know the housing market has slowed. Adding to the problem is they overpaid on the house so they won't get what they need to pay off the mortgage. The stbx had originally agreed to pay the extra but is now reneging.
My friend is trying to figure out what to do. Foreclosure is possible if she doesn't get some financial help. She really doesn't want that but since the ex isn't willing or able to pay any money she's left holding the bag. I make a decent living but can't afford to take on a mortgage. Battling through lawyers will cost her more money that she can't really afford to give up.
Not sure what else to add. I guess right now just looking for any helpful information that she could use to resolve this situation. Thank you.
Have her file an emergancy motion for Temporary Support. This is not considered alimony or childsupport. It is done to get the ex to help pay for what is financially their responsibility. I made more than my ex and he figured he did not have to pay and that a judge would see it his way. He was wrong and was ordered to pay half the mortgage and half the car payment that we had for our son. What he owed in back payments was taken out of his proceeds from the sale of the house.
Have her call the mortage company and explain the situation. They have special things they can do for people going through a divorce and will avoid forclosure.
Thank you chooch. Can she file the motion with the courts on her own or does she need the lawyer to do it? I ask because the lawyer isn't exactly jumping over himself to get things done. If she's going to spend money I think she would rather spend it and see some results.
I had the same problem with my attorney. I continued to ask for the Emergency Motion and he wanted to go to my ex's attorney to see if it would get resolved that way. I am not sure if she would have to have her attorney withdraw from the case so that she can file on her own.
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