aroberts79
recently joined
Reged: 02/10/13
Posts: 1
Loc: massachusetts
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I will try to make this as short and sweet as possible. I would like to start by stating clearly, I can not afford an attorney!
I have been married 15 years. I filed for divorce (2nd time in 2 years) last May. Due to a foul up on the court's end, I wasn't able to serve my stbx until Oct 2012. My pretrial is not until July 24 (ugh). Anyway, I filed chapter 7 bankruptcy (paid for both of us last year). That is all set. My house is $170k upside down. I was approved for modification, but the house is only worth 120k, I owe 290k...so at this point I just want out. We have 3 kids (ages 12, 13, 15). My stbx stopped financially contributing to the household the last time we split (jun*e 2011). Even though I took him back, he still didn't contribute, and we fought incessantly about it, which is why I finally told him to hit the road in December. He has been living out of the house (with his gf, surprise surprise) for 8 weeks. Barely calls his daughters, has only seen them once during all this. He moved an hour away, refuses to give a committed schedule to be with the kids. I filed a motion at beginning of January, and had my hearing. Conveniently my stbx was in an auto accident and failed to appear. Judge granted me sole physical and joint legal custody, and ordered $800 a month in child support based off of recent paystubs I supplied on his income. I applied for the support to go directly through dor as I don't trust he will pay a dime on his own free will. Anyway, I can't pay the mortgage. The bank said I can do a deed in lieu , but because we are both on the mortgage, I can't do anything without his cooperation, but my stbx has made it clear he won't cooperate. On top of everything else, he cashed out a profit sharing retirement plan that he received just before Xmas last month, approx $10k, which if I understand, due to the pending divorce, he is in contempt because of the automatic restraining order in place from when he was served. After 15 years of marriage and 3 children, in the state of MA, I am fairly certain that I and the children are entitled to half. Anyway, any advice on how to get the pretrial moved to sooner? What about the issue with the cashed out retirement? Any ideas on how to proceed with the home before it goes to foreclosure? Can I file a motion to have the judge order that he let me just hand the house back to bank before foreclosure where neither of us can pay mortgage???(myself and the girls want out of this house Asap, plus deed in lieu is much less damaging to my credit than foreclosure). Any advice would be much appreciated!! And, thanks for letting me vent!
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6481
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I don't see why you wouldn't be awarded 1/2 of his retirement profit sharing during the divorce settlement as long as all of his benefit was accrued during the marriage. I don't know how the judge can MAKE him produce the liquidated funds.....maybe your stbx won't mind being in contempt. I've heard that judges don't usually penalize a non payor of spousal support or divorce settlement funds with the "inducements" to pay up, like license suspension, jail time, etc like they sometimes do with non payors of CS.
I'm sorry that I can't answer your questions.
I was just curious about where in Mass you are that your home value could have dropped from $290,000+ to only $120,000 ? I live in Marshfield. Our real estate values have certainly dropped in this area, but I can't imagine a drop of greater than 58% Damn, that sucks.
Good luck trying to dig your way out of this mess.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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Did you reaffirm the mortgage? If not, then you can just walk away. The bank can't come after either of you.
The judge can't order you to pay a debt that has been discharged in a BK.
As for a deed in lieu being less damaging. Well, since it was discharged in the BK, the only thing that a foreclosure is going to do is go on your public record. BTW, the damage with a short sell, DIL, and foreclosure is the same. BTW, the BK is more damaging. It can be recovered from, but it is going to take time.
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