Motion hour - what to expect
Hi All, Next week we are going to court for some motions to be taken care of. We initiated it and have never gone to court. What can we expect? Do the lawyers talk to the judge? Does my husband? Will things be resolved right then and there? My hubby has major social anxiety so I'm trying to get the lowdown before he goes. I will be going as well for support. We are in KY.
Motions:
*Must refinance the house to get hubbys name off of it with in 60 days or sell it. She says she WILL NOT do it.
*Email only communication. Stop harrassing both of us. Only call if a TRUE emergency
*More of a set schedule esp regarding kids getting out of school as we are now forced to pay $400 for after school care a month because she will not allow the kids to get off the bus at her house which she's allowed for the past 1.5yrs (we're out of district)
*Shared transportation. She NEVER takes/picks up the kids. EVER.
*Our approval/permission for extra curricular activites
Thanks!
#3. We have 50/50. The
#3. We have 50/50. The schedule we have now is not in writting. They do not have a court order. We have the kids every tuesday and thursday and then every other friday, saturday, and sunday. She doesnt need to be home with them after school. The oldest is almost 13 and she gets off the bus every other day by herself.
#4. We actually moved closer to the kids school district. We're still out of district though.
#5. Obviously the motion doesnt say 'our', even though I'll be transporting them most of the time, i have no say lol.
When they initially spoke to
When they initially spoke to the lawyer during their dissolution, he said she had 1 year to get his name off the mortgage BUT it was never in writting. We just want to get it in writting that she needs to do it. We have saved texts from her saying she cant and wont refinance and she'll just stop paying on it and ruin both their credit.
She doesnt have custody. It's 50/50. She doesnt do anything for them but use them as pawns and by their love.
When they got divorced it was super uncontested and generic. The decree is NOT personalized. We are mainly going to court to discuss things that should have been discussed then! We have a different lawyer lol.
It was agreed verbally. It's
It was agreed verbally. It's not that we want her to move. We could care less. My husband just doesnt want his name tied to her or have his credit put in jeapardy. And the house is not under water.
When SO was unable to
When SO was unable to refinance his house to get BMs name off of the mortgage (due to bad credit as a result of the divorce and his business failing), his ex took him to court and the judge ordered the house to be sold within a certain period of time. If the house didn't sell within that period of time, it was to be auctioned off.
Yes he has 50/50. No, he
Yes he has 50/50. No, he does not have a place to move; however, I'm thinking about allowing him to move in with me, but his child, unfortunately, will not be allowed to live at my house because I have no room. I have two kids myself and my house is very small (1,000 sq. ft). Plus I live in an entirely different school district (too far to drive back and forth to school) and his kid will graduate this May. His divorce degree said he had until December 2014 to refinance, but BM played the victim and the judge ordered the house to be sold or auctioned. BM wanted to buy a new car but her debt ratio is too high because her name is on the mortgage. Sucks, but I believe everything happened for a reason. Something better is out there waiting....
My point to the OP is, if they filed a motion, why not request that the house be put on the market to be sold and if it doesn't sell within a specified time period, that it be auctioned off. If you don't ask, you will never know if you could have done it.
Very well could be. I was
Very well could be. I was just offering another option regarding the sale then auction so her DH could get his name off the mortgage. I have no interest in debating anything with you.
Refinance or sell: Person is
Refinance or sell: Person is normally given a year to get this accomplished. If it was in the divorce decree and she still has not done it you can get an order for her to sell it or for your husband to take possession (not advised as she will likely break EVERYTHING before moving out).
Email only: You can get an order, see if the court will entertain our family wizard (court gets access to these accounts and can see emails/ schedules.
Schedule should be set already, if you dont have one this will likely go to mediation. To make life simple, you can ask the court to find BM liable for 50% of child care. Let the afterschool care start costing her money and you will be amazed how willing she is to let the kids go to her house after school (esp since they school in her zone).
Shared transportation should be easy to get: Just have it worded 'receiving parent picks up children at other parents house." That means dad picks up from mom at the start of his time... mom picks up from dad when his time ends and hers begins. (So if she is 'late' or refuses to transport... the kids stay with you. Far less chance of a refusal to transport with this set up.)
You can get approval for extra-c's, its all in how you word the request. Our co has it built in that each kid gets one extra c (they are listed as to which kid is in what extra c) and any ADDITIONAL extra curriculars both parents must agree on in writing. We did it this way so BM would stop signing the kids up for crap. Prior co was written if parents did not agree, one could sign the kids up if they accepted full financial responsibility.. BM literally had the kids scheduled EVERY day of the week for something... which meant on our weeks DH was having to play taxi driver and was never home- despite his not agreeing to the activity.
Also, do you guys go with
Also, do you guys go with your hubbys to court? Mine wants me to go with him. I really dont want to be around her but will go for support. Does it matter to the judge?
My XW and I had the get me
My XW and I had the get me off of the mortgage battle 4 years after our divorce was final. We had no children together.
At the time we divorced I lived in our house, she had moved out to run off with her geriatatric fortune 500 executive sugar daddy. Our divorce divided property as possessed so the house was mine. We were both on the mortagage. I leased it to a woman on a lease purchase and moved out of state to go back to school full time. The tenant backed out of the purchase so my XW decided she wanted the house. I agreed on the condition that she refinance and get me off of the mortgage. She never refinanced and 4 years later tried to sell the house. I got half of the profits after a short but nasty battle. If your DH is on the mortgage then he has a claim to half of any profits realized upon the sale of the house.
My XW tried to make some bullshit arguement that I deserved nothing because she (truthfully it was the geriatric sugar/babby daddy of the 2 out of wedlock spawn she had with him) had paid the mortgage for 4 years. I argued that I was owed either half of the profits at sale or she owed me half of any fair market rental value for the past 4 years since she lived in the home and I was assuming the risk of ownership if she failed to make the payments, etc....
I won. Grandpa/Daddy sugar daddy cut me a biiiiiig check and I signed the sale papers.
Hopefully your DH is as fortunate as I was as this house thing progresses for you.