I got a phone call from the bank today. My stbx is not paying the vehicle payment for the vehicle she has possession of, and my name is on the loan as well. The bank stated that they were going to repo it if the balance was not brought up to date. She also hasn't been paying her share of the secured line of credit /sigh. I can cover the line of credit but the outstanding amount on the vehicle loan is too much for me.
I have an appointment with the bank tomorrow to see what can be worked out. I obviously can't just go and take the vehicle, but what can I do to protect myself if it does get repo'd? There is equity in it because I put a large down payment on it. I emailed her a few months ago, telling her to sell it because she wouldn't be able to afford it but she didn't heed my warnings.
The other problem is that we live 10 mins outside of the city and there is no buses that come out here, so if she loses her vehicle, she won't be able to go to work. We have 50/50 right now, can she move the kids into the city stating she has no vehicle to get them to school where we live now? Also, if she doesn't go to work because she doesn't have a vehicle, would a judge impute her wage?
I also have an appointment with a lawyer in 2 days. I am self repping because I can't afford to retain, but I am looking for advice on how to proceed with a motion to sell the matrimonial home which she currently resides in. The basis of my argument is that she obviously cannot afford the house, she is not currently paying her share of the line of credit which is attached to the house. And my name is on the mortgage as well, if she loses the house like she is losing the vehicle, I am going to be pulled down with her.
I vacated the house on July 1st and she has been living there since. We don't have a written agreement, but we have been sharing 50/50 custody. I left the home as part of a settlement which never got signed by her. I also couldn't stay because it would be dangerous for me (she had already falsely accused me of assault, and child abuse) She was out of the house from Feb to July as a condition of her release (she was arrested for assaulting me, which is another reason I had to leave, her charges were withdrawn and she made it clear that she was moving back into the home as soon as that happened)
What does a judge look at when determining if the house needs to be sold? It is where the kids lived while we were married. They now split their time between there and my place (which is 2 minutes away) What evidence should I gather or what argument should I make to sell the house? Or at least have her buy me out. Right now she won't give me her share of the debt payments, she won't give me her share of section 7, she isn't paying the vehicle loan.
On another note. She was off work for a couple of years on disability (long story, so I won't elaborate) When she went back to work, she gave me 4 paystubs and I averaged what her yearly income would be had she worked the whole year. I pay cs according to the schedule, based on that number (that included a week of unpaid holidays which would make her average yearly income low)
Is that a fair way to calculate cs? I know everyone says line 150 but I read somewhere that 3 paystubs could be used to calculate a fair amount if there was a material change of circumstance (like going back to work from not working)
Thank you for your time
I have an appointment with the bank tomorrow to see what can be worked out. I obviously can't just go and take the vehicle, but what can I do to protect myself if it does get repo'd? There is equity in it because I put a large down payment on it. I emailed her a few months ago, telling her to sell it because she wouldn't be able to afford it but she didn't heed my warnings.
The other problem is that we live 10 mins outside of the city and there is no buses that come out here, so if she loses her vehicle, she won't be able to go to work. We have 50/50 right now, can she move the kids into the city stating she has no vehicle to get them to school where we live now? Also, if she doesn't go to work because she doesn't have a vehicle, would a judge impute her wage?
I also have an appointment with a lawyer in 2 days. I am self repping because I can't afford to retain, but I am looking for advice on how to proceed with a motion to sell the matrimonial home which she currently resides in. The basis of my argument is that she obviously cannot afford the house, she is not currently paying her share of the line of credit which is attached to the house. And my name is on the mortgage as well, if she loses the house like she is losing the vehicle, I am going to be pulled down with her.
I vacated the house on July 1st and she has been living there since. We don't have a written agreement, but we have been sharing 50/50 custody. I left the home as part of a settlement which never got signed by her. I also couldn't stay because it would be dangerous for me (she had already falsely accused me of assault, and child abuse) She was out of the house from Feb to July as a condition of her release (she was arrested for assaulting me, which is another reason I had to leave, her charges were withdrawn and she made it clear that she was moving back into the home as soon as that happened)
What does a judge look at when determining if the house needs to be sold? It is where the kids lived while we were married. They now split their time between there and my place (which is 2 minutes away) What evidence should I gather or what argument should I make to sell the house? Or at least have her buy me out. Right now she won't give me her share of the debt payments, she won't give me her share of section 7, she isn't paying the vehicle loan.
On another note. She was off work for a couple of years on disability (long story, so I won't elaborate) When she went back to work, she gave me 4 paystubs and I averaged what her yearly income would be had she worked the whole year. I pay cs according to the schedule, based on that number (that included a week of unpaid holidays which would make her average yearly income low)
Is that a fair way to calculate cs? I know everyone says line 150 but I read somewhere that 3 paystubs could be used to calculate a fair amount if there was a material change of circumstance (like going back to work from not working)
Thank you for your time
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