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I seem to be catch in the middle of my girlfriends divorce…

Hello there - i...

Hello there - i seem to be catch in the middle of my girlfriends divorce and I would like to know if i have any recourse. facts are: my girlfriend has to pay her ex or trying to get a divorce finalized. My girlfriend does not make enough money after paying the ex alimony to pay the mortgage so i pay it. Now the ex is going for discovery on my girlfriend and they are saying they want half the money im paying for the mortgage. can they do that? this ex wife does not pay her share of the community property either

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My girlfriend has a lawyer and they seem to not be representing her very well. my concerns is can they count my income and can the ex take my money?

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if i have any recourse - cause i refuse to be brought into this divorce - im suffering from ptsd and the loss of both my children at this time and i do not want them in my business. im not the soon to be ex

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Answered in 1 minute by:
3/26/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 3 months ago
hello and thanks
Customer reply replied 3 months ago
no i just paid 47 dollars to get to you
i have no more money to give at this time
can you please answer the questions put forth to you

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

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Customer reply replied 3 months ago
ok thanks

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 3 months ago
can you let me know or are you still researching

If your girlfriend is in the process of a divorce, your income or contributions cannot be used to calculate alimony that she has to pay to her ex.

If you two live together and you financially contribute to the mortgage and/ or other bills, then that is something that can be calculated when determining alimony that the ex pays to your girlfriend, but not vice versa.

If a divorcee moves in with a significant other, it is something that the judge can consider, but again this would only be if the ex was paying alimony to your girlfriend, not the other way around.

Your income should not be attached to the divorce in any other way.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
let me get this straight - because i pay the mortgage of 1800.00 a month then the ex can come after my girlfriend for half of that and that in turn is infringing on me because it is my money. im not giving a gift, i need a roof over my head and I am paying the mortgage. But what i read is that the ex can go after the money I pay. That is not fair in my head. Why is it that she can come after my money? or is it that my money is automatic income due to the fact that I pay the mortgage. The ex does not pay anything to contribute to the community debt so how does my girlfriend pay for he ex and all the community property and pay all the bills and the ex get away it asking for half the money i pay?

No that's not correct, let me try to clarify.

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because i pay the mortgage of 1800.00 a month then the ex can come after my girlfriend for half of that

Answer: no, the ex cannot.

But what i read is that the ex can go after the money I pay

Answer: no, the ex cannot.

or is it that my money is automatic income due to the fact that I pay the mortgage

Answer: It is considered (albeit slightly, because it could be temporary help) in the totality of expenses your girlfriend has, if the court was calculating alimony to be paid out to your girlfriend. NOT in the amount your girlfriend would have to pay to her ex.

I hope that helps clarify!

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Customer reply replied 3 months ago
they are doing discovery on my girlfriend and they are asking about how the mortgage is being paid. That is my money paying them mortgage for the last year and a half. How can they consider that to be income for my girlfriend and then ask for half of that or to ask to increase the alimony? That is my money and they cant touch it. Im very upset about this and I want to know if I have any recourse if they try to take half my money?

How can they consider that to be income for my girlfriend and then ask for half of that or to ask to increase the alimony?

Answer: Her ex may ask for it, she can ask for anything, but that is not something that she is legally entitled to or that a judge would grant.

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Customer reply replied 3 months ago
ok got it - but if for some reason they do come after that money do i have any recourse?

You are not a party to the divorce.

Your income cannot be garnished and you cannot be court ordered to give any portion of your income as you are not a party to the divorce.

Attorneys often take all sorts of tactics during discovery and during divorce negotiations, but that doesn't mean it's something the court is going to grant.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 3 months ago
but if for some reason they do succeed in trying to do this and say it is considered income etc. can i go after the ex for the money i have paid on the mortgage? i so upset about this and all i hear from my girl friend is that they are going to try and get me involved. I can simply tell them to go mind their own business right or do i have a right to go after the ex and her attorney for trying to pull me into this divorce?

Since you are not a party to this divorce, your income cannot be garnished and you cannot be court ordered to pay alimony, etc.

If you somehow were, then your recourse would be to file an appeal because the judge would be acting in error.

I hope that helps clarify!

Don't forget to rate, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,347
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
ok and thank you so much for your advice

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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