Any opinion...

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canthisberight

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House was valued in spring of 2019, but due to both sides procrastinating nothing happened...then covid hit....now here we are, real estate has gone up 35% in the area.
Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
Her lawyer is acting in bad faith, costing her money.
The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.

3 weeks til court
 
not very clear on why she can sell?
is she living in the house?

what is date of separation?
who will be paying support?

if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency
 
Does she actually want to sell or is she doing this to reduce his equalization?

His lawyer can requests comps from the real estate board to prove the value is higher.


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Kkc said:
not very clear on why she can sell?
is she living in the house?

what is date of separation?
who will be paying support?

if the wife will be the recipient and buys out the house for 2019 value but then sells it today and makes a profit that does contribute towards her self sufficiency
Click to expand...

She is living in the house, wants to buy his half
Seperation date: May 2018, he lived there until June 2019, during the week...
Dec 2020, she was granted exclusive possession til next court which was March 2020 the courts closed due to covid
He is paying support
 
rockscan said:
Does she actually want to sell or is she doing this to reduce his equalization?

His lawyer can requests comps from the real estate board to prove the value is higher.


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Click to expand...

She wants to stay in the house. Has offered him 30% value...and 500$ a month
 
canthisberight said:
Coming into the first actual court date...her side offered less then half of the evaluation. His side has asked for new evaluation.
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Just sell the house. Then you do not have to worry about evaluation, because the market will evaluate it for you.

Her lawyer is acting in bad faith
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I think you have confused the terms "bad faith" and "Ex's lawyer is not supporting my position". If you think that an ex's lawyer is being fair, then they are probably not doing their job.


costing her money.
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I'm not quite sure why that is your problem.

The way it was written back was that she can sell....she thinks the offer is fair...wonder what she would say if he counter offers..at let me pay that price.
Click to expand...

This sentence is so confusing. If she is allowed to sell the house, then let her sell the house. If she wants to buy it at a low price, you can just say no and sell the house anyway.

3 weeks til court
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A judge will order the house sold, and the market is unlikely to crash before then, so all is good.
 
A judge will order the house sold, and the market is unlikely to crash before then, so all is good.

Thanks Janus, as they are so far apart, I believe this is what will happen
 
Keeping in same thread for clarity...but

Keeping in same thread for clarity...but

Friday was the last ditch zoom court meeting to prevent a trial.

House re evaluated, 90000$ more..there offer was 27% of house value...plus 500 payable monthly to ex.
During the call with the judge his lawyer, (my partners) didnt have the settlement offer in front of him and didnt even know the $$$ amounts...and mentioned he felt that 675 per month was fair thru some complicated figures, having to due with part of her pension going which way...way too confusing.

Afterwards we discussed the call...and he apologized profusely for mentioning the higher figure.
The kicker...and this never occured to us til 3 am and will clarify today..partner is on full work disability, pays no tax...so when his lawyer mentioned the tax write off on support..saying even if he paid 175 more per month its a write off....my belief is if you arent paying tax, that is not worth anything.

This lawyer should have retired, he does not have his shit together at all...and its way too late to start over. If an agreement isnt made this month, court will happen and the judge warned them...or her..as she isnt willing to discuss..that the house will be ordered sold, and the court costs will eat away at whatever they would get by settling before.

Any comments appreciated
 
If she didn’t accept the offer then it doesn’t matter. Plus he does pay tax on disability via the calculations at tax time. The support amounts reduce his taxable income.


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Non-taxable disability income is still income for support purposes. If it's non-taxable then it needs to be 'grossed up'.

For example, $50,000 employment income is $50,000 for support purposes.
But $50,000 non-taxable disability income is $61,740 (in 2021) for support purposes. This is because you'd have to earn $61,740 of taxable income to net $50,000.
 
Yes as Kinso said he will still get an “income” slip. The calculations are still there as everyone technically has to pay tax. Even people on EI have to report and have a tax calculation.
 
He won’t get a t4. He will get a different income slip. Any payment made to someone regardless of what it is, comes with a tax slip.
 
Ignore rockscan. There's no tax slip or anything to declare on non-taxable disability income. It's non-taxable, so nothing shows up on tax returns. However for support purposes only, the non-taxable amounts received will be grossed up to a taxable amount.
 
Any opinion...

Depending on the disability income and how the employer pays it out, there may be a need to file a tax return.

OP as I previously told you, you may be too deep in this and your partner needs to deal with his own garbage. It wouldn’t be going this far is his ex had a bit of legs on it. He needs to deal with her himself. You are moral support.
 
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I am his moral support..

I am his moral support..

But this also affects our life together and I like to know whats going on and also like to learn whatever I can
 
canthisberight said:
But this also affects our life together and I like to know whats going on and also like to learn whatever I can
Click to expand...


Understood but as I learned, getting too deep will impact your mental health. I love my husband dearly and his finances impacted our life together but he also was married to this woman and had a life with her so he had to manage the bullshit.

Your ex had a life with this woman and he does owe her a certain amount as a result. She may be unreasonable but you are not his crutch. There was another poster on here who fell into that and got burned. Keep your head up for yourself too!
 
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