-Could you explain your situation a little more?Did the decree have any language as to how long the payments would last or does it just say you pay indefinitely?
Are you paying no separate child support payments?
Dear JACUSTOMER - This is a very poorly written decree considering the circumstances and if you lose on this I think your attorney should be subject to a malpractice suit. First of all it refers to a "house payment" when there is none. I would assume everyone knew the lease was going to expire soon after this took effect and there is no language concerning a possible rent increase.
So you are going to have to argue that the fact that the $412.50 is stated as the offset that it means that is all that your portion of the rent will be. The flip side is that the decree says "her half of the house payment" meaning it could be anything. I just can't believe any attorney would approve such ambiguous language unless they just want to create more legal business when no one in the future knows what this all means.
Payments such as rent or house payments should be used as "in lieu of alimony or spousal support" and not as a replacement for child support which is an entirely different issue. Child support changes from time to time based on the respective incomes of the parties so I assume the overall figure of $1,022.50 was the child support figure calculated according to the formula set by the state.
If that is the case then your argument is "I will pay the $1,022.50 based on the guidelines and it can be applied to rent or phone bills or food or whatever. Child support calculations are not based on rental increases so the fact that her rent is going up should not affect your overall obligation.
Yes if that is the amount that you would pay under the guidelines. The problem becomes the language that you are supposed to pay "half" of the "house payment". That's where you have to argue the $412.50 is all you are paying toward the house since it is included in the child support and if child support is not being raised then the rent amount is not being raised.
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