Legal

My divorce agreement states " In the even the Wife is untimely…

This answer was rated:
My divorce agreement states "...
My divorce agreement states " In the even the Wife is untimely with either of the mortgage payments, the parties agree that the income deduction order will terminate forthwith and the Husband may apply his alimony payments directly to the mortgage payments"

There is no longer a income deduction order,... Read full answer
My divorce agreement states " In the even the Wife is untimely with either of the mortgage payments, the parties agree that the income deduction order will terminate forthwith and the Husband may apply his alimony payments directly to the mortgage payments"

There is no longer a income deduction order, I pay her directly. 2 years ago she stopped paying the mortgage on the house, but she did not notify me and I only found out when I was served a lawsuit a year later. When we were married we also had a home equity loan on the house, all of which became hers in the divorce. I quit claimed the house to her and according to our divorce I am not responsible in any way for the home. I was served the lawsuit because my name is XXXXX XXXXX mortgage and real estate law doesn't consider what is written in a divorce agreement. That being said, she has recently stopped paying the home equity loan, this loan will affect my credit if it is not paid (the home loan does not). I have had to pay the home equity loan twice now. I want to know if I can apply my alimony to the home equity loan...is it considered part of the mortgage?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
1/29/2014
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 18,053
Experience: Experienced Licensed Attorney
Verified
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Home Equity Line of Credit or Home Equity Loan, might not fall under the definition of mortgage and generally since the court order only refers to mortgage, it might be a good idea to fiel a Motion with the court which has ordered the final divorce decree and to have the court review the situation and it is generally likely that the judge would approve deduction from alimony payment to be applied toward Home Equity Loan payment for which your ex-wife is responsible.


I know this is not an answer you were hoping to hear, but please understand that I do have professionalobligation to provide JustAnswer.com customers with correct answers, even when an answer is not favorable to the customer.


I wish you the best of luck!

Ask Your Own Legal Question
Customer reply replied 5 years ago

If I go ahead and deduct the amount from alimony, and she complains about it, the court would just make me pay her the difference correct, it's $150.00?


 


In addition I paid for our last court mediation because she didn't have the money and she is supposed to pay that back as well. She has yet to pay it even though it's in our mediation agreement.


 


She already owes me over $14,000 in medical bills and attorney's fees to handle the foreclosure and we are looking at getting an alimony credit of that amount to me.


 


I'm just wondering if it's even going to be an issue, since her attorney is already aware of her outstanding debt to me?

Dear Johan,

Thank you for your follow up.

Any deductions from the alimony should be approved by the court and when a Motion is filed, you can ask the court to use any amount that the ex-wife owes to you, to be offset by the alimony payment amounts you owe to her and the court will review the facts related to the situation and will make a decision.

The ex-wife's attorney can still oppose or contest your request and it would be up to you and your local attorney to convince the judge that you are entitled to be compensated for any amount of money that is owed to you by your ex-wife.

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required



Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 18,053
Experience: Experienced Licensed Attorney
Verified
Alex J. Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Still looking for an answer to your question? 
Similar Q&As
My daughter just read the first draft of the divorce
My daughter just read the first draft of the divorce agreement and has worries about the way the house is being handled. He is letting her have the house, but she has to refinance in her own name with… read more
Attorney Wendy
Attorney Wendy
Member,
Juris Doctorate
4,569 satisfied customers
I"m about to enter into divorce proceedings in the coming months.Ive
I"m about to enter into divorce proceedings in the coming months.I've been separated (not living in marital home over 8 mos.),no chance of anything changing. Wife has proposed separation agreement( pe… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
New Jersey: I have been put on a Home Deed with my Mom and
New Jersey: I have been put on a Home Deed with my Mom and Grandmother last year.THis house had no mortgage. They owned it for 40 years. I am now applying for a Home Equity Loan at my credit Union. I … read more
Legalease
Legalease
Attorney At Law,
Doctor of Law w/ highest honors
15,719 satisfied customers
Stop searching for answers—
My sister is married to a former inmate. He has been verbally
My sister is married to a former inmate. He has been verbally and mentally abusive to her and their children for years. She would like to divorce him but she thinks that she would have to sell the hou… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My wife has asked for a no fault divorce. She told me that
My wife has asked for a no fault divorce. She told me that she did not want the house and that I should seek having it refinanced since she was paying the home equity loan. I am in the process of havi… read more
Tina
Tina
Attorney and Counselor at Law, Mediator,
Doctoral Degree
31,168 satisfied customers
I have been audited by IRS and have to prove alimony. IRS
I have been audited by IRS and have to prove alimony. IRS did not accept my bank transfer because it did not specify alimony payment. Can I show proof by having my ex-husband sign an affidavit stating… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Get a personalized answer to your question. 
My husband just got out of court today. The back drop is this
My husband just got out of court today. The back drop is this: His ex was awarded 25% ($51000) of the equity in the home in the divorce. My husband gave her the portion of the equity she was awarded w… read more
Tina
Tina
Attorney and Counselor at Law, Mediator,
Doctoral Degree
31,168 satisfied customers
My Husband of 13 years asked for a dissolution of marriage
My Husband of 13 years asked for a dissolution of marriage about a year and a half ago. I discovered he has been having a long distance relationship with a woman he met about 3 years ago. For the last… read more
Legalease
Legalease
Attorney At Law,
Doctor of Law w/ highest honors
15,719 satisfied customers
My wife wants a divorce. we have been in our home for one year.
My wife wants a divorce. we have been in our home for one year. She financed and qualified for the loan on her own. She makes twice the amount of income I do. She wants me to be responsible for half t… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Still looking for an answer to your question? 
I was married and currently reside in PA. I have been married
I was married and currently reside in PA. I have been married four years. I had a mortgage for 3 years prior to getting married and adding my wife to the deed (she has been on the deed since 5/07). Al… read more
JPEsq
JPEsq
Attorney,
Doctoral Degree
2,132 satisfied customers
Hello, My Missouri Divorce is final and judgment came in Aug.
Hello, My Missouri Divorce is final and judgment came in Aug. 09. My ex filed for new Trial. It was denied. There is a 50K line of credit mortgage balance on HER home but my name is XXXXX XXXXX the lo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I owned my home before meeting my soon to be ex wife. Is she
I owned my home before meeting my soon to be ex wife. Is she legally entitled to any portion of the house from our divorce? Her name is XXXXX XXXXX has never appeared on the title.… read more
Law Answers
Law Answers
Attorney,
Doctoral Degree
4,661 satisfied customers
Stop searching for answers—
My wife and I are obviously hopelessly destined for divorce.
My wife and I are obviously hopelessly destined for divorce. We are both married more than once, for her I am marriage #4 for me she is wife #2. We have no children together however there is her daugh… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
got a divorce and was ordered to pay alimony for 3 yrs. into
got a divorce and was ordered to pay alimony for 3 yrs. into the process for about a year now. We did not have a trial we settled out of court. my attorney advised that my deal was a good deal. unfort… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My ex-wife is continuing to receive 50% of my pension ...
My ex-wife is continuing to receive 50% of my pension payments. Until the QDRO''s were ready, I paid these payments from my own bank account since I received 100% of the pension. My ex-wife''s lawyer … read more
LEV
LEV
Retired,
Bachelor's Degree Equivalent
34,998 satisfied customers
Get a personalized answer to your question. 
My wife and I live in Atlanta Georgia in separate homes. My ...
My wife and I live in Atlanta Georgia in separate homes. My wife lives in the house we bought together. Both our names are XXXXX XXXXX deed and mortgage. We are estranged but have no immediate plans f… read more
Walter
Walter
Just Answer Consultant,
6,024 satisfied customers
Am I responsible for paying mortgage assistance if If
Am I responsible for paying mortgage assistance if If I no longer live in the house or have my name on the deed ?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm,
Bachelor's Degree
6,994 satisfied customers
Can an ex wife refinance a home when the ex husband is the ...
Can an ex wife refinance a home when the ex husband is the primary loan holder without his knowledge or signature? Both are on the Deed of Trust in Virginia and she is on the loan but not as the prima… read more
LegalEagle, LLC
LegalEagle, LLC
Attorney at Law,
Juris Doctorate
982 satisfied customers

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).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,667 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

46,816 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

INFOLAWYER

INFOLAWYER

Attorney

25,231 satisfied customers

Licensed attorney helping individuals and businesses

Ellen

Ellen

Lawyer

8,239 satisfied customers

Consultant and legal researcher

Guillermo Senmartin

Guillermo Senmartin

Lawyer

303 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Ray

Ray

Lawyer

18,862 satisfied customers

30 years in civil, probate, real estate, elder law

< Previous | Next >

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).

Show MoreShow Less
Ely, JD

Ely, JD

Lawyer

Expert in family, criminal, consumer protection, and business law

57,467 Satisfied Customers

Pearl avatarPearl, Assistant