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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Family law question. When I divorced my ex I made more money

Customer Question

Family law question. When I divorced my ex I made more money than he did. I agreed to help him maintain our home that we both owned, thinking that would be our childrens primary residence. I was giving him $1500/mon. The following year, my situation changed dramatically and I made less money than he did. The children remained with me full time, that was never their primary residence.
His financial situation changed dramatically in 2007, when I bought him out of 2 investment properties we owned. He now had $190,000 in cash. I never went back to court and amended the decree, he is now suing me, what chance do I have of winning this.
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.
On what basis is he suing you? also is there a current order re:spousal or child support?
Customer: replied 8 months ago.
Not child support or spousal maintenance, just financial help with the childrens "primary residence" but it never became their primary residence, they lived with me full time. He has lived in our house we own as tenants in common for 13 years, has not paid rent and pays an interest only loan. Per the divorce decree the home was to be immediately sold upon emancipation of our son last year. He is refusing to sell it saying that I owe him back support for the home
Expert:  LegalGems replied 8 months ago.
If the decree states that the home is to be sold upon emancipation, and that triggering effect occurred, then the other party may file a contempt motion, requesting that the house be listed, and requesting attorney fees and costs incurred in bringing the motion and forcing the sale of the house. If the party in possession refuses to cooperate with a real estate agent, the court may authorize the court clerk with the ability to sign all papers relating to the sale (and transfer) of the property; the court can also order the party to be removed from the home under certain circumstances (ie if they are refusing to allow prospective buyers from viewing it). A contempt citation requires a knowing and willful violation of a court order; if the court finds that those 2 prongs are satisfied, then in addition to awarding attorney fees, the court can also order fines, or even jail time, to encourage the party to comply with the court order. Additionally, child support and spousal support are effective from the date the court orders it; if there is no court order it is only retroactive, upon entering of a subsequent order, to the date the request was filed/served. So a party cannot request financial help with primary residence issues after the fact- especially if the children did not reside in the residence.
Expert:  LegalGems replied 8 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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