eamille
recently joined
Reged: 03/27/07
Posts: 5
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Our 3 children & I live in the marital residence. The agreement states that after 1 yr (this was last wk) the house will be listed at fair market value and either party has the right to buy out the other's equity. I made him an offer (based on a refi appraisal last yr minus his other financial obligations (repairs that he had to take care of)listed in the agreement that were not honored by him). The house was not listed and is being re appraised tomorrow to determine the fair market value (considering structural issues and a failed septic/leech field). Within the past week he has emailed me with other counter offers-all including the set child support (I don't think he wants me to know how much money he's making). Do I have to sue? I can't afford a lawyer. And if so, can all of the issues in the agreement that he's failed to acknowlege be addressed all at once? Or do we have to go to court for each issue individually? He hasn't filed for the dirvoce yet because he wants me to change some things in the agreement. Thanks.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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What do you mean by " he has emailed me with other counter offers-all including the set child support " ? Are these terms of a separation agreement ?
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Careful. We don't want to learn from this.
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eamille
recently joined
Reged: 03/27/07
Posts: 5
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Long story. The day of the separation we also refinanced the house (whiched doubled the mortgage). Originally, my stbs was supposed to pay the support + 1/3 of the new mortgage until the house was sold. After over a yr of negotiating the agreement (he continuously disagreed with lanquage and every instance took wks to change). At a 4-way meeting he claimed that he needed a certain amount of money to live (ridiculously high) and wanted me to take a 550.00 p/mo cut in child support until the house was resolved. When I objected, my lawyer took me into another room and said, "you have to give me 5k more to persue this). So, I felt that it was 3 against 1 and there was nothing that I could do. Anyway, the agreement states,'WHEN THE PROPERTY IS SOLD, IT IS UNDERSTOOD THAT THE CHILD SUPPORT WILL AUTOMATICALLY RECALCULATED ACCORDING TO THE FORMULA ESTABLISHING "BASIC CHILD SUPPORT" UNDER THE FORMULA-BASED METHOD IF TTHE CHILD SUPPORT STANDARDS ACT, WITHOUT THE OPTION OR NECESSITY OF HAVING TO RETURN TO FAMILY COURT OR ANY OTHER COURT FOR THIS PURPOSE".
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eamille
recently joined
Reged: 03/27/07
Posts: 5
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So, he won't accept my buy out unless I change the separation agreement, leaving the child support at this lowered amount. Oh, he later emailed me to say that his offer will include a 4% cost of living increase per year added to this set amount. Just his usual bullying.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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So his counteroffers include continuing the reduced CS ? Was your offer to buy him out ?
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Careful. We don't want to learn from this.
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eamille
recently joined
Reged: 03/27/07
Posts: 5
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Yes, my offer was to buy out his equity (which is stated in the agreement). He will only consider if I agree to the reduced CS. Blackmail? He said that since I won't accept his proposal that the house must be sold at fair market value.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Send him a nice certified letter saying that you expect him to comply with the terms of your sep. agreement , include your offer to buy out his equity with proof of the fair market value and a copy of the sep. agreement with the CS provisions underlined . Tell him that his failure to comply will require you to retain counsel to start contempt proceedings against him in which you will ask for a relief judgement for a ruling on the house , attorney's fees and recalculated child support based on state guidelines .
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Careful. We don't want to learn from this.
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eamille
recently joined
Reged: 03/27/07
Posts: 5
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Thank you, I'll send him notice asap. For him, it's not about what's best for the kids, it's about trying to make me miserable. I wish lawyers fees were more affordable. Thanks again.
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