Claiming back support for mortgage paid

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wife#2 said:
Blink, this is actually a good point you make and a question I have. As you say she is well within her rights to reopen equalization issue, then I guess my husband can do the same? As I mentioned earlier, he was trying to be cooperative by signing the papers for her to get her new house. At the time, I asked him, 'do you not want to ask for anything at all from the house?' He left with nothing. Large, nice, 3 bedroom house fully furnished, BBQ, lawn mower, snow blower, you name it, she got it all! He was trying to be nice at the time, but if she can reopen this, then can he go back and make a claim for all the things he left?
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He may have left all those items there but as long as the VALUE of those items was included in the equalization, it is irrelevant.

You also need to sit down and figure out what the difference in the costs is going to be:

7 months mortgage/tax payment @ $2000 = 14,000
7 months support he WASN'T paying at $1500 = 10,500

You woul.d have to go back to the equalization agreement to see if he indeed walked away with more due to the lack of deduction of those payments and if the value of the items he left behind was included.

It sounds like an awful lot of work to go through it all again, and an awful lot of expense and time. It will probably cost a lot more to fight this than it will to just make an offer to settle it.
 
No, the value was not added. Again, big rush and he was trying to be nice. Spoke with lawyer today and he brought up occupational rent as well. We will see how it plays out in court.
 
You are entitled to your opinion. Would you feel the same if she felt like living in that house for 10 years under this agreement and he would owe her 10 years of back support? Again, don't think people should renig on the deals they make. He would have never agreed to this at the time. Also, the numbers I used were just examples. He paid double what his support should have been. But I do enjoy hearing all your opinions!
 
wife#2 said:
You are entitled to your opinion. Would you feel the same if she felt like living in that house for 10 years under this agreement and he would owe her 10 years of back support? Again, don't think people should renig on the deals they make. He would have never agreed to this at the time. Also, the numbers I used were just examples. He paid double what his support should have been. But I do enjoy hearing all your opinions!
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He doesn't owe her support because she stayed in the house. He owes her the support because he was paying the mortgage in lieu of her CS and SS payment and when they sold the house he TOOK THAT MONEY BACK in the form of equalization.

After he moved out of the house, he was no longer entitled to any of the equity that accrued, the mortgage payments he was making in lieu of support was in fact HER contribution to the mortgage and he walked away with it when they sold the house.

It makes no difference if your numbers were hypothetical, the fact is that he owes her the money back as he cannot reclaim support payments through equalization.

I don't know that youj're understanding this concept.
 
Hindsight is 20/20 buttercup. The "trying to be nice" logic might work for you, but it's not going to factor in, with the Courts. Going to court thinking you're going to get "Justice" or what's "Fair" is what sets most litigants up for disappointment.

At some point most of us had to learn that Court doesn't care how we 'feel' or what we 'think' is right.
 
Hello all. Have not written in awhile but thought some of you may be interested to know that my husband had a settlement conference today regarding this issue and some other things. The judge sided with him and agreed that she did not pay occupational rent and he did in fact overpay her. At most, the judge suggested that he would only have to pay back the PRINCIPLE that was paid on the mortgage at that time (his half). Once you factor in her lack of rent and his over payments, she actually owes him money, not that he has ever asked for it or even plans to. Hope this helps if anyone is in a similar situation. Funny that she was trying to get $17000 from him when she in fact owes him! What we thought all along! Also the judge mentioned the rent issue first before our lawyer even could!
 
wife#2 said:
Hello all. Have not written in awhile but thought some of you may be interested to know that my husband had a settlement conference today regarding this issue and some other things. The judge sided with him and agreed that she did not pay occupational rent and he did in fact overpay her. At most, the judge suggested that he would only have to pay back the PRINCIPLE that was paid on the mortgage at that time (his half). Once you factor in her lack of rent and his over payments, she actually owes him money, not that he has ever asked for it or even plans to. Hope this helps if anyone is in a similar situation. Funny that she was trying to get $17000 from him when she in fact owes him! What we thought all along! Also the judge mentioned the rent issue first before our lawyer even could!
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Thanks for the update, nice to see it worked out the way it should have.
 
Hello all! I started this thread awhile ago, then updated it months later, and now time for another update! Even though the settlement judge told my hubby's ex she was nuts for asking for all of this money for mortgage and taxes while she occupied the mat home for a year after separation, without taking into account any occupational rent, she still insists on all this money and wants a trial. My husband has offered exactly what was recommended by the settlement judge, but she won't take it. She still wants to fight for it all!
So, as we are self rep, we would greatly appreciate any help with the occupational rent issue. Any case laws? Advice for trial? Thanks! We will of course continue our research as well!
 
I assume your settlement offers are documented, and will be relevant when trial comes? Make sure you don't forget to ask for costs. Always ask.
 
For sure! We gave another settlement offer today. They have not given one since last year, which is outdated and makes no sense now anyway!
 
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