I live in Minnesota I was married and living with my stbx for 9 years I have been separated for 15 months I filed for divorce 12 months ago We have a 2 year old daughter My stbx runs a daycare that makes $1500/month (only a couple of kids including ours) but has the capability of making $5000/month (10 kids including ours at her current rates) She let her daycare license lapse 3 years ago and is currently unlicensed. I make about $5200/month after withholdings, insurance, taxes. The court ordered that I pay her $1150/month temporary child support. The court ordered that I pay her $500/month temporary spousal support. The court ordered her temporary custody of all property and all incumberances, and ordered her to sell the house immediately in January but only placed it on the market May 1st. She has not made a mortgage payment on the first or second mortgage since the court ordered that she do so and now the debt is well over $35K for outstanding mortgage payments. Needlesstosay, my credit, and hers is destroyed. Foreclosure proceedings are likely to occur any day.
I was under the impression that the $500/month was to go to mortgage payments, but she spends $0.00 on those. She took 4 months to place the house on the market. When I first left last year, we met with a realtor and agreed to put the house up for sale, but she wanted to explore if she could refinance it and take possession outright, but failed to find a viable option.
First, what are my rights?
Can I file a motion to have my temporary spousal support reduced because she has failed to make a mortgage payment with it?
Can I go after her for destroying my credit? She never indicated that she wasn't going to pay the mortgage, it was the mortgage company that told me she wasn't paying.
What are my options?
I am representing myself after a long bout with a very nonresponsive lawyer and obviously I do not have the funds to retain another nor the credit.
YIKES!!! I am sorry that I will not have a magic bullet answer.
I just wanted to make sure you knew someone else here in MN cared.
Although you had a bad experience with a lawyer, I would try and find another.
You need to find a way to try and salvage your credit before she totally destroys it. Try to find someone with good contacts in the financial fields. You may be able to get a good reference from a personal banker (if you have one), the business dept / acct. head at your business, etc.
Are your papers FINAL? Is there anyway you can communicate directly with the mortgage company?
If you go back to the courts - I would NOT argue about the child support aspects.
Beg borrow or steal but for god's sake get a better lawyer. I've got a good lawyer for you if you want to pm me I'll give you her information. My divorce was final in March and he is only paying $500/month in CS for 3 kids--I'm shocked at how much CS you are paying for one child! As far as the mortgage--your name is still on the deed so you should make payments until the thing is sold--otherwise--make her refinance & buy you out now. That's what I had to do. Don't you have a settlement in place yet? Mine was written and signed by both of us months before the decree was signed by the judge.
Previous
Index
Next
Threaded
Edit
Reply
Quote
