Hi, I am trying to research Occupational Rent for upcoming court dates.
My wife walked away from the matrimonial home, marriage, and took our daughter (3.5yrs) with her. In doing so she also walked away from all our jointly signed debt responsibilities...leaving me paying for them all. This is the mortgage, personal loan, two lines of credit, property taxes, home insurance, home maintenance costs, life insurance, gym membership fees, everything.
At the first Case Conference (mid Jan/09) I agreed to put the matrimonial house for sale. Currently it still has not sold due to the current economic times. Also at the Case Conference I was ordered to pay minimal spousal support in addition to guideline child support.
I have been paying guideline child support (748/m) and all bills since the separation (Aug/08). I have indicated I cannot pay spousal support until the house sells due to our joint debt obligations that I have been paying 100% of (I simply do not have the money for spousal support). My wife currently does not work and has indicated she can never work again in her life to the courts (which they currently are accepting...and is another issue).
Her lawyer took me to court in Feb for not paying spousal support where the court ordered me to pay 1,500/m spousal support in addition to guideline Child Support. I was also ordered to pay her legal costs amounting to 1,800 within 45 days. The FRO is also now involved. Also my lawyer is no more and I am now self represented due to financial constraints. BTW the OCL is involved regarding custody per my request.
The result was I was unable to pay the mortgage, loan, property taxes, and LOC's for several months (all legally jointly held debts) because I had to pay her lawyers costs. After the creditors started calling me (and her) for payment I received a letter from her lawyer indicating if I did not bring the accounts in good standing action would be taken against me. I had to borrow a large sum of money from a friend to bring all debts into good standing who I now owe. I also owe my former lawyer a great deal of $$$ (he got me nowhere but sCrewD!!!)
I have been unable to pay the spousal support order due to the large amount joint debts we have (as the house is still for sale). My employment is conditional on maintaining my financial obligations...if I cannot its considered just cause for my termination (FOR REAL!!!).
My understanding is the mortgage is considered occupational rent on the matrimonial home we both own, and are on title for. What about the rest of the debts i mentioned? Surely she is on the hook for half of them.
My wife walked away from the matrimonial home, marriage, and took our daughter (3.5yrs) with her. In doing so she also walked away from all our jointly signed debt responsibilities...leaving me paying for them all. This is the mortgage, personal loan, two lines of credit, property taxes, home insurance, home maintenance costs, life insurance, gym membership fees, everything.
At the first Case Conference (mid Jan/09) I agreed to put the matrimonial house for sale. Currently it still has not sold due to the current economic times. Also at the Case Conference I was ordered to pay minimal spousal support in addition to guideline child support.
I have been paying guideline child support (748/m) and all bills since the separation (Aug/08). I have indicated I cannot pay spousal support until the house sells due to our joint debt obligations that I have been paying 100% of (I simply do not have the money for spousal support). My wife currently does not work and has indicated she can never work again in her life to the courts (which they currently are accepting...and is another issue).
Her lawyer took me to court in Feb for not paying spousal support where the court ordered me to pay 1,500/m spousal support in addition to guideline Child Support. I was also ordered to pay her legal costs amounting to 1,800 within 45 days. The FRO is also now involved. Also my lawyer is no more and I am now self represented due to financial constraints. BTW the OCL is involved regarding custody per my request.
The result was I was unable to pay the mortgage, loan, property taxes, and LOC's for several months (all legally jointly held debts) because I had to pay her lawyers costs. After the creditors started calling me (and her) for payment I received a letter from her lawyer indicating if I did not bring the accounts in good standing action would be taken against me. I had to borrow a large sum of money from a friend to bring all debts into good standing who I now owe. I also owe my former lawyer a great deal of $$$ (he got me nowhere but sCrewD!!!)
I have been unable to pay the spousal support order due to the large amount joint debts we have (as the house is still for sale). My employment is conditional on maintaining my financial obligations...if I cannot its considered just cause for my termination (FOR REAL!!!).
My understanding is the mortgage is considered occupational rent on the matrimonial home we both own, and are on title for. What about the rest of the debts i mentioned? Surely she is on the hook for half of them.
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