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I think you have a good basis to seek a modification, based upon a substantial change in circumstances. Since you income has decreased by $3500, it would be enough for the court to consider the maintenance which you pay and the current needs of the children, at this point. Moreover, your spouse will have to show the court what effort she has made to date, to try and obtain a job or obtain an education, which would allow her to get a job. You cant just stop paying unless there is a termination date in the order. You would need to get the Judge to order it, otherwise. As far as the issue with the home, you would have to wait for the 3 years to pass, if it was ordered she can live there. After the 3 years, the divorce order should have stated what will happen with the home.
Thanks, XXXXX XXXXX if the home is lost to foreclosure. Would I be obligated to pay for her housing still at another home? Do you think?
Also, do you know how many months they look at in regards XXXXX XXXXX income. I'm commission, so it varies quite a bit. I'm a mortgage loan officer...ughhh!
Tough call on the issue with the home going into foreclosure and if you would have to pay for rent. I would assume the rent amount would be less then the mortgage, so it may be something that actually benefits you. Moreover, she would likely have to take you to court, to get that ordered, for the remainder of the time. They will likely want to see 6-12 months of bank statements, to show that your income has decreased that much and that it was just not a slow month or two. They want to see a history of declining income. Thank you. If you have no other questions, please click the accept button, so I can get credit for my answer.
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