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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I was divorced in 97 and still pay child support ($602/month

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I was divorced in 97 and still pay child support ($602/month based on a gross earning of $44,000 in 97)for my 2 kids now 15 and 17. 17 yr. old will be 18 feb 25 and already works 20-25 hrs a week and is home schooled which I paid for. I just took a loan out to get her a car for her work and pay her insurance. Divorce papers say when I sell my house, the ex gets 50%. She is now taking me back to court for more child support and to force me to sell the house because she said I commited fraud.
She lied to her attorney saying I was taking cash out on the house. She said I make $65,000 and I made $57,000 gross. Last year I made under $50,000. I owed 74,000 in 97 and she said I owed 36,000. I owe 91,000 now and she said I owe 105,000. I took a car loan out recently and she said it was a line of credit from the house. She says I took out a total of $60,000 and now wants $30,000. The original papers say that we bought the house after we were married but I bought it before. These false accusations are all in the court papers. I've added new roof, windows, insulation, siding,
wiring, drywall, additional bedroom and 2 bathrooms. Value in 97 was 90,000 and now it is 171,000. (was 290,000 before the bubble burst). I refinanced several times to pay off all this work but never took a dime for myself. I refinanced several other times to get lower rates. I refinanced again last year because I was on 3 days a week and was going to lose the house. I have paperwork to prove everything except owing $74,000 because I can't find those documents. What are my options and will she get away with this.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

Dear Customer - I'm not certain how your ex could have gotten away with these incorrect facts in the first place since it is easy to prove the balance owing on a mortgage and a car loan etc. So those "facts" should have been corrected at the time and not been allowed to stand. In any event, the child support is based on the incomes of the parties according to pre set tables. So whatever the respective incomes are today will be the figures used to calculate the new support. Since the tables have certainly increased over the past 12 years I would assume you have probably been paying less than the amount that would have been calculated in recent years.


So you may see an increase in support simply because the figures used in the tables may have increased. If you are voluntarily paying extra for home schooling or other activities you can discontinue those payments to offset any increase in the court ordered amount. In addition, the support for the older child will be ending soon so that should also lower the overall support.


As for the house, I'm not certain if there was a time in which you were supposed to sell the property or exactly how the decree was written but if it says she gets half of the equity then that's what she gets. All of these other allegations seem frivolous and I would think that you can prove what the loan balances are and were at certain times since the bank would have all the records of payments and balances.The county court records will show when you bought the house so you can simply produce your deed record and your marriage license record and the dates will be on the documents.


Based on all these facts, she will probably get an increase in child support due to the tables being different today from what they were in 1999. If the decree says you have to sell the house within a certain time period it is possible you will have to either sell or buy her out. Beyond that you can probably show that her other allegations are lies and half truths. The documents in the courts and real estate records will speak for themselves.


Dave Kennett

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