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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I am in York county, PA. My husband had a mortgage deviation

Customer Question

I am in York county, PA. My husband had a mortgage deviation taken from my support because he retained the marital home even though he makes $140k and I make $14. My attorney appealed and we struck a deal and it was removed, but the order reads that the overall order will remain in place until my daughter graduates this June.

Can he again look to have the mortgage deviation put back on?

Is a mortgage deviation only there until final settlement of the divorce? Or can he claim it even if he buys me out of the house post divorce?

Last time it cost me $2681 to appeal and have it removed.

Please help me, I think he is going to try it a second time
Submitted: 5 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 5 years ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

To clarify: the original Order says that the entire Order will go out of effect this June? This doesn't sound right. Or, does it say that the injunction on the mortgage deviation will remain until June?

JACUSTOMER-d5vcced3- : It reads that the support amounts and order will rain in effect until at least June .. Howvet, the state will automatically reduce child support at that time and in Oder to raise it back to the correct level for the one remaining child, I will have to go to DR again. Can he try to put it back on? That was not good faith in my book. Also when he buys me out in final settlement it would disappear if it was put back.. Correct?
SoloLawyer :

Yes, he could try to put it back on. And yes, if he were to buy you out in the final settlement, there would no longer be a need for the deviation because support would be satisfied.