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I am headed in to mediation next week for divorce. So far my…

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Good afternoon,I am headed in...
Good afternoon,I am headed in to mediation next week for divorce. So far my husband is 3 months (as of 15 October) behind in child support. I was the breadwinner 6 out of the 7 years we were married so my retirement is larger. However, he was a big spender. All of our debts are in our individual names-except our home. The house is in both of our names, although we split the mortgage payments. I have been paying the mortgage since July 2017 and providing all care for the children since February 2017-he decided to stop helping with daycare.
My question is when we go into mediation is there anything I can negotiate? He definitely wants money but I can't afford to give him much. I feel like I am at a disadvantage because he was lazy during our marriage. Any pointers?
Submitted: 7 months ago.Category: Family Law
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9/29/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,466
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good afternoon. The purpose of mediation is to try and get the parties to resolve the issues on their own, with the help of the mediator. The entire this is a negotiation, so you can present to him offers, to settle this. If you have an idea of what he wants, you can try and work together, presenting things which you want and need also and see if he would be willing to work together, to resolve this. If not, the Judge is going to step in and have the final say. The debt is going to need to be divided and it would need to be decided who will get the home or what will happen with it. The martial debts and assets need to be divided, so keep that in mind.

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Customer reply replied 7 months ago
If I have been paying the mortgage will the judge force us to sale thr home just because my husband wants to..co
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Not necessarily. If you are awarded the home, a condition while living there may be that you need to pay and when you sell, he would be entitled to a share. This is something that would need to be worked out and discussed. I say this because if the home was purchased during the marriage, it would be a martial asset and needs to be decided, as to who will take it or if it will be sold or someone will be bought out.

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Customer reply replied 7 months ago
Okay. Im willing to give him half the equity less some $$ he owes. We've been married for 7 years so why split debt and assets...
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

If the debts and assets were incurred during the marriage, the parties need to share those. Of course, this can all be negotiated in the mediation.

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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