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Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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What is the standard financial arrangement when there is a delayed settlement on the

Customer Question

What is the standard financial arrangement when there is a delayed settlement on the family home? Spouse living in the home has payment made in lieu of spousal support. There is an impound account attached for taxes and insurance. Is the resident spouse responsible for all taxes, insurance HOA's etc when the non resident spouse is getting the tax credit for these expenses?
Submitted: 6 years ago.
Category: Legal
Expert:  Joseph replied 6 years ago.


Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.


To provide you with accurate information, could you please clarify these points so I can best address your inquiry:


  1. Is the divorce finalized?
  2. If so, does the final judgment address this in any way?
  3. Please expand on your statement of, "payment in lieu of spousal support".



Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 6 years ago.
The divorce is not final. I am living in the house with my children. My husband is supposed to pay me approx 1300. a month in spousal support and 1900. in child support. If he makes the house payment, which includes an impound account for taxes and insurance and the hoa fee, he would only pay me an additional 1500. cash per month. The benefit for me is that I don't pay taxes on my spousal support and I get to stay in the house. He would get the benefit of being able to deduct the interest and taxes paid on the house. My concern is that the impound account is 270. a month and hoa is another 187. (approx 450. a month total) Far more than I would pay in taxes on that money. Shouldn't he be responsible for 50% of the impounds and hoa fees? I don't know if there is a standard arrangement for this?
Expert:  Joseph replied 6 years ago.

Unfortunately, there really is no "standard" arrangement for this situation. Normally, the payment of specific fees would be detailed in the appropriate document, such as a final judgment of dissolution of marriage or an order for temporary relief. Short of that, this is, to some extent, left to the discretion of the parties.


Do you have attorneys? If so, perhaps they an work out a reasonable solution. If not, then this task would be left to the two of you. If so, you have a few things you can use to assist in the negotiation. First, as you've suggested, there is some tax incentive for your husband. Additionally, any monies paid could be used as an off-set for future disbursements, if deemed appropriate. Further, you could offer to provide him a greater portion of the proceeds from the sale of the home.


This can be a complicated issue, please let me know if anything needs clarification.


I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!


Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.


Thank you for your patience.