Forcing a room-rental to increase ex's income?

[almitmo]

What is the name of your state? CA

Here's the situation: The supported ex inherits a house from her mother who passed away...the same house she was living in while her mother was alive after the divorce. There was very little money inherited besides the house, and all of it was spent on needed renovations to the house itself. Now she pays double the expenses to run the house (having been splitting them with her mother when she was alive), and has the ability to decide who lives there. Her daughter and another family relative, both legal adults, are living there while they go to school, and she doesn't want to collect rent from them, since she is trying to help them through college. She was also able to give her mother's car to said relative, since she didn't need a second one.

Can the house, which is worth money but certainly not generating income itself, be used to reconsider spousal support? Due to increased expenses, can it actually mean an increase in support?

Can the ex-husband force the wife to collect rent from family members living there? On a more general note, can someone be forced to rent out rooms in their house to generate income?

[Ohiogal]

Originally Posted by almitmo

What is the name of your state? CA

Here's the situation: The supported ex inherits a house from her mother who passed away...the same house she was living in while her mother was alive after the divorce. There was very little money inherited besides the house, and all of it was spent on needed renovations to the house itself. Now she pays double the expenses to run the house (having been splitting them with her mother when she was alive), and has the ability to decide who lives there. Her daughter and another family relative, both legal adults, are living there while they go to school, and she doesn't want to collect rent from them, since she is trying to help them through college. She was also able to give her mother's car to said relative, since she didn't need a second one.

Can the house, which is worth money but certainly not generating income itself, be used to reconsider spousal support? Due to increased expenses, can it actually mean an increase in support?

Can the ex-husband force the wife to collect rent from family members living there? On a more general note, can someone be forced to rent out rooms in their house to generate income?

What does your divorce decree state regarding modifying spousal support? An ex cannot force a former spouse to do anything in order to generate income.

[Bali Hai]

Originally Posted by Ohiogal

What does your divorce decree state regarding modifying spousal support? An ex cannot force a former spouse to do anything in order to generate income.

If the former spouse is purposely keeping their income below their earning potential to collect a free ride, the court can impute the higher potential and make a modification under the right conditions.

Of course WHO the former spouse collecting the free ride is, makes all the difference.

[Ohiogal]

Originally Posted by Bali Hai

[/b]

If the former spouse is purposely keeping their income below their earning potential to collect a free ride, the court can impute the higher potential and make a modification under the right conditions.

Of course WHO the former spouse collecting the free ride is, makes all the difference.

You still can't force an ex to do anything to earn income. Income can be imputed. And credits can sometimes be given for shared living expenses.

[almitmo]

Originally Posted by Bali Hai

[/b]

If the former spouse is purposely keeping their income below their earning potential to collect a free ride, the court can impute the higher potential and make a modification under the right conditions.

Of course WHO the former spouse collecting the free ride is, makes all the difference.

Nothing has changed regarding the supported spouse's income, she's had the same job for 10 years, the divorce was about 4 ago. There's no reason to think her earning potential is any higher than it was the first time the support amount was set. Only now in theory she owns the house and is allowing a couple of family members to live there, and her ex is trying to argue that she should be charging rent. Or maybe he thinks that she should sell the house and buy a smaller one, not that the price difference could support her for very long.

[Ohiogal]

Originally Posted by almitmo

Nothing has changed regarding the supported spouse's income, she's had the same job for 10 years, the divorce was about 4 ago. There's no reason to think her earning potential is any higher than it was the first time the support amount was set. Only now in theory she owns the house and is allowing a couple of family members to live there, and her ex is trying to argue that she should be charging rent. Or maybe he thinks that she should sell the house and buy a smaller one, not that the price difference could support her for very long.

What he wishes doesn't matter. Legally he can't force her to charge rent to get him out of alimony.

[Bali Hai]

Originally Posted by Ohiogal

What he wishes doesn't matter. Legally he can't force her to charge rent to get him out of alimony.

He should not pay alimony in the first place. They are DIVORCED. And financially DIVORCED.

Alimony is a mind set that women have. They believe men are beholding and indebted to them because they did the man a favor when they married them.

[Ohiogal]

Originally Posted by Bali Hai

He should not pay alimony in the first place. They are DIVORCED. And financially DIVORCED.

Alimony is a mind set that women have. They believe men are beholding and indebted to them because they did the man a favor when they married them.

Bali your bitterness is showing again. The court ordered that he pay alimony. No one has said he should have to pay it but the court did and he has to follow the court order. And that is not even the subject of this post. I get it. Everyone here gets it. You hate your ex and you have to pay her alimony and you feel you got screwed in the divorce. You are entitled to your feelings. But that does NOT mean that every man in the world gets screwed over in a divorce. I know of several men (including my clients) that have walked away happy with the way the hearing for custody/child support/divorce ended. I also know some that aren't happy. You are in the latter group.

OP again, you can't force your ex to take in renters with the hopes that your alimony will get lowered. What does your court order say about modifying alimony?

[Bali Hai]

Originally Posted by Ohiogal

Bali your bitterness is showing again. The court ordered that he pay alimony. No one has said he should have to pay it but the court did and he has to follow the court order. And that is not even the subject of this post. I get it. Everyone here gets it. You hate your ex and you have to pay her alimony and you feel you got screwed in the divorce. You are entitled to your feelings. But that does NOT mean that every man in the world gets screwed over in a divorce. I know of several men (including my clients) that have walked away happy with the way the hearing for custody/child support/divorce ended. I also know some that aren't happy. You are in the latter group.

OP again, you can't force your ex to take in renters with the hopes that your alimony will get lowered. What does your court order say about modifying alimony?

Well, several men out of 50 million isn't all that bad I guess.

[Ithildriel]

Originally Posted by Bali Hai

Well, several men out of 50 million isn't all that bad I guess.

LOL you crack me up dude.

Your woman bashing on the forum seems somewhat cyclic to me though. Are you perhaps a little rougher on us when that time of the month rolls around? (You know, the time of the month when you write the biotch her big fat check).

[Bali Hai]

Originally Posted by Ithildriel

LOL you crack me up dude.

Your woman bashing on the forum seems somewhat cyclic to me though. Are you perhaps a little rougher on us when that time of the month rolls around? (You know, the time of the month when you write the biotch her big fat check).

And does the man bashing by this whole supposed "justice system" go un-noticed by you?

I give you credit for your insight and knowing just what she is.

[Ithildriel]

Originally Posted by Bali Hai

And does the man bashing by this whole supposed "justice system" go un-noticed by you?

I give you credit for your insight and knowing just what she is.

\

No it doesn't. I have a friend, who is in the process of divorcing his bi-polar, narcissistic wife, and believe me, I know that there is no possible way he would have gotten away with the b.s. that she is pulling.

It's been over a year and slowly but surely her world is finally starting to unravel, but she continues to drag it out and do damage to the children in the process. If he had acted the way she was, he would have been lucky to have gotten the clothes on his back and supervised visits.