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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-10-2012, 04:44 AM
hastings hastings is offline
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Post will mortgage paymend considering s&c support?

I have been paying mortgage since 2006 to the house my ex and children living in. recently I want to stop paying the mortgage. but her lawyer threaten me that I never paid s&c support. and request me continue to pay the mortgage. I already stopped with my lawyer and decide to do it myself. The mortgage is double the amount of s&c support based on my income. I and ex are still fighting in court for custody and financial support. But I think she will win eventually because one of my mistake. if she won, would all these years house payment considered by the judge as my support? except that I also bought clothes and computers to the children but I had no hard proof on those. Will the bank or credit card statements be witness in court?

thank you in advance.
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Old 07-10-2012, 06:38 AM
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What was your mistake?
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Old 07-10-2012, 09:02 AM
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Not entirely sure how it work out but I suspect that she may be able to make a claim for back support. Given that you've paid the mortgage your equity in the home would have gone up, pair that with a claim for SS & CS and I would imagine it could be applied against your equity in the home.

Example:

If she makes a claim for $50K in unpaid child & spousal support and you have paid $65K into the mortgage since seperation, you would have a claim for $15K for equalization of the property.

No idea if this is correct or not, just supposition.
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Old 07-10-2012, 09:11 AM
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One could easily argue that HALF the mortgage payment amount is his to pay in any case, but that the other half is 100% support to his spouse and children.

That's what I did in my case anyways.

Mortgage was $1300, I was to pay my ex $1700 in support.
I paid her half of the mortgage plus my half, and gave her $1050.

She threatened "occupancy rent" which was an empty threat as she had use of the house that I was paying for, and threatened to claim arrears, but it never happened. It was a fair way to distribute the money at that time, as long as you can prove it later.
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Old 07-10-2012, 09:36 AM
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True, but I don't believe you can double dip. For example, when equalizing the house you cannot claim the full amount you paid since moving out be returned to you if you are paying it in lieu of CS/SS. That amount SHOULD be deductedfrom your portion of the equalization.
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Old 07-10-2012, 11:11 AM
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winterwolf7, you paid your half because you live in that house?

I'm not living in the house. I have to pay my own rent.

I'm thinking if it's possible to to file a quick motion to buy her out since it's a big house and she rent rooms out but never claim it. will this affect my desire to ask the shared custody?
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Old 07-10-2012, 11:15 AM
sahibjee sahibjee is offline
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in my case i had paid the rent to the apt and paid her CS, when it went in front of the judge her lawyer tried arguing that i was legally required to pay the rent since the lease was in my name and it shouldnt be counted towards support, the judge slammed her pretty hard and commended me for paying the rent and gave me full credit for the amounts paid. then my ex got the balls to stand up and say that the rent wasnt paid (contradicting her self from before) the judge got even more furious at her and told her ***** lol
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Old 07-10-2012, 11:29 AM
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sahibjee, didyour case run in trial? did you rep by yourself?
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Old 07-10-2012, 11:44 AM
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not at trial yet, just motions, it was a motion for SS, at that time i had a lawyer, now i am broke
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Old 07-10-2012, 11:55 AM
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Agree with blink - you can't double dip.
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