faith4two
newbie
Reged: 11/03/07
Posts: 46
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I had decent job but was fired after an event triggered by STBX. Custody determination is on hold due to the event, basically a "tampering with evidence" type of situation.
I *was* responsible for the first few payments on the mortgage after separation (I left, while STBX stayed in marital home), while STBX found a "legitimate job" after many years of self-employment that, on paper at least, showed no income.
Now that STBX is employed, and I'm not, STBX plans to force a court date to determine the disposition of the house, while it makes sense to sell (even if it's at a slight loss). STBX can't afford the mortgage, but since I've had the income until now, I suppose the thought is that I have a tree or something upon which the money will grow.
Due to a medical condition, it is highly unlikely I'll be employed for another 6-8 months.
STBX makes about half of what I was making before I was fired as a result of STBX's actions and neither of us has a credit rating to refinance as sole owner. STBX has never made enough to make the payment. I say sell, but STBX refuses to do so without court order, and says to me "I guess you'll have to figure out a way to make the mortgage."
My unemployment will cover car, COBRA for me and the child, and car insurance. I'm living with a friend who is taking care of everything else.
If I'm on unemployment thanks to STBX and STBX has a job, how realistic is it that I could possibly be responsible for the mortgage for a house STBX lives in?
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2011
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Are you court ordered to pay the mortgage? If not, then don't.
Also, has the issue of child support been addressed?
Can you prove that your stbx was the cause of you being fired?
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faith4two
newbie
Reged: 11/03/07
Posts: 46
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The judge, in a closed door meeting w/ the two attorneys, ordered me to pay the first few months. I agreed in another meeting to pay arrearages. If the market were good, the equity would be substantial, so I wasn't overly motivated to have it sold; however, considering the change of events and the large likelihood that I won't return to work until sometime mid-year next year..... But there is nothing on paper that says "thou shalt."
The first few months I was to pay was due to the B.S. income STBX reported on an income/expense sheet and what was painted as "a balancing of community property assets, of which your income qualifies". STBX had two months to find "a real job".
There is no temporary order for conservatorship, so no child support exchanging hands. I do, however, pay for day care.
I am told by counsel "it doesn't take a rocket scientist to figure out what triggered your termination...."
The company is not fighting my unemployment claim and did not claim the termination as misconduct to the unemployment agency, but I seriously doubt after the hostility toward me during the last three weeks of employment that anyone would show up to testify the triggering event was due to his actions.
For what it's worth, tho, I do have a labor and employment attorney on retainer with a wrongful termination possibility pending.
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