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Old 12-02-2015, 03:06 PM
CanadianMohawk CanadianMohawk is offline
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There is some equity, but not very much, which I why I think she wants top dollar. She knows about offsetting CS payments and I think it partially has something to do with why she wants full custody and 75/25 residency. Perhaps the new guy has convinced her of this, but she thinks she is going to cash in if I have to pay her for having primary residency. I'm not sure she's considered the fact that the costs really aren't that much different either way once you factor in all the other expenses.

the house has been on the market since August and no offers yet. I've managed to talk her down $15K but it's still not enough in my opinion. The market isn't good right now.

As yes, as you figure, being able to claim half the maintenance costs on the home all boils down to where or not it's been considered if she has moved out or not. If she has, then yes, should could charge me occupational rent to cover her half of the mortgage that she doesn't pay. The fact that she comes in without asking or notice and that her stuff is in the way of my putting my own things there, proves, to me, that I certainly don't have "control" over the house if that's what it takes.

House issues aside, failing to pay CS from Nov 1st until the case conference due to my financial circumstances brought on by her leaving, will this affect my chances at 50/50? Do I have a chance at using undue hardship to explain this? Her standard of living is much higher than mine now that she is living free of charge at her new boyfriends whom I know for a fact is buying things for her and my kids (ie, he is supporting her).
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