Overpayment

[Pink]

My question is:
My ex has been paying the mortgage and home equity loan since he left 2.5.yrs ago instead of paying child/spousal support. I still live in our matrimonial home, he of course does not.

Now that we are in the divorce process he is suing me for overpayment as the mortgage, loan payments amount to more than he would have had to pay me in child/spousal support.

My lawyer never gives me a straight answer as to whether or not he would win that argument.
Has anyone else had a similar situation that perhaps might enlighten me?

 

[NBDad]

Well, that was a bad idea in hindsight, BUT it was a smart move on his part, since he's been contributing to the mortgage/etc for 2 additional years, he has a claim on any increase in the asset up to present, rather than to date of separation.

Typically it'll be seen as too bad so sad, you should have done your home work ahead of time. If he tries to ALSO lay claim to the increase in value, then lay the smack down on him for not paying any child support.

This kind of thing is why it's usually best to separate the finances.

 

[Pink]

It doesn't matter to me so much if he is entitled to the increased value of the home, just as long as I'm not going to be expected to pay him back.

House is on the market now, with any luck it'll be sold soon and that will get me even closer to being done with him!