How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask insearchoftheanswer Your Own Question
Category: Family Law
Satisfied Customers: 55153
Type Your Family Law Question Here...
insearchoftheanswer is online now
A new question is answered every 9 seconds

My sister has been going through a divorce for about three

Customer Question

My sister has been going through a divorce for about three years now. She is still in the primary residence with the children and her husband as been ordered to pay the mortgage. January last year he stopped making the payments to try and force her out. Now he's wanting to do a modification loan on the home and start making payments again. She finished nursing school in June and has recently started working last month. He's wanting her to contribute 600.00 a month towards the mortgage that is 4200 a month when he just recently found out she's working. He is suppose to have been giving her 3200 a month for temporary support but has cut that down to about 900 a month. The question is. If he has been ordered by the court to make the mortgage payments. And for the first two and a half years of the divorce she was going to school full time. Because he would not give her any part of the business they own. Is she finacially responsible for the mortgage payments when her only source of income has been what he was giving her.
Submitted: 4 years ago.
Category: Family Law
Expert:  insearchoftheanswer replied 4 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. There are two contractual relationships here. First, there is the contract with the two of you and the bank, and then there is the one between the your sister and her husband. In such situations, with regard to the contractual relationship with the bank, both parties are both joint and severally liable...meaning the bank can pursue either or both parties for the full amount they are owed until they get paid in full. But, with regard to the contractual relationship between the two parties, your sister's husband is responsible for the entire mortgage. The fact that she is working is not relevant because the contractual arrangement was based upon a division of assets and responsibilities. In exchange for him being responsible for the mortgage, he kept the business. He cannot now unilaterally change that situation simply because she may have some income. If he doesn't pay the entire mortgage and for past payments he failed to make, she should file suit against him. Once the suit is filed and a judgment awarded, she becomes a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!