RanchoBlondie
Junior Member
What is the name of your state (only U.S. law)? Ohio
My best friend, Kim, just got her temporary orders today.
Kim moved out in 2014. Her husband didn't let her take any of the cars, so she bought herself an old SUV (2005). She recently had to put about $6K into it in repairs (I know, I know) because she thought she couldn't incur any new debt. She had massive medical bills last year and has paid them all herself. Her husband makes over $125K per year. She makes about $41K. All three kids are emancipated. They agreed long ago that they would jointly pay for the first year of college for each. Her husband has taken it upon himself to pay for his son to date, even though he is in junior year. He did so by taking out a second mortgage and trading money back and forth on credit cards. He's not performed any maintenance on the house and has refused to put it on the market even though Kim's been asking for over a year.
At the magistrate's hearing, they agreed that her husband would pay the rest of the tuition this year for their youngest daughter who is in her first year of college; in exchange, spousal support would be deferred till June.
Temporary Orders: The magistrate ordered him to pay spousal support in the amount of $350 a month beginning in June and to maintain health insurance (he would have to do this anyway until they are divorced). She ordered the sale of the house - all fixing up and any other expenses to be paid by the husband and then recouped from proceeds. Each of them pay their own debt.
This seems terribly unfair. They've been married almost 25 years. The magistrate's is basing spousal support on each party's monthly expenses, but he's including expenses on 1) all the cars because he didn't let Kim take one, and 2) his credit card payments because he's the one that ran up the debt. He let the house go, and now everything he pays towards fixing it up gets reimbursed to him from proceeds, which are going to be greatly reduced because of the second mortgage he took out as well as the HELOC he ran up. He also has absolutely no incentive to expedite sale of the house since that's when his spousal support **may** go up. The only good thing is the magistrate ordered they use Kim's realtor.
Does Kim need to get a new attorney? In my opinion, she's been very lax over the last year when this all started (Kim's given me access to all correspondence between the two).
Sorry this is so wordy, I don't know how much info is needed to get an informed opinion.
My best friend, Kim, just got her temporary orders today.
Kim moved out in 2014. Her husband didn't let her take any of the cars, so she bought herself an old SUV (2005). She recently had to put about $6K into it in repairs (I know, I know) because she thought she couldn't incur any new debt. She had massive medical bills last year and has paid them all herself. Her husband makes over $125K per year. She makes about $41K. All three kids are emancipated. They agreed long ago that they would jointly pay for the first year of college for each. Her husband has taken it upon himself to pay for his son to date, even though he is in junior year. He did so by taking out a second mortgage and trading money back and forth on credit cards. He's not performed any maintenance on the house and has refused to put it on the market even though Kim's been asking for over a year.
At the magistrate's hearing, they agreed that her husband would pay the rest of the tuition this year for their youngest daughter who is in her first year of college; in exchange, spousal support would be deferred till June.
Temporary Orders: The magistrate ordered him to pay spousal support in the amount of $350 a month beginning in June and to maintain health insurance (he would have to do this anyway until they are divorced). She ordered the sale of the house - all fixing up and any other expenses to be paid by the husband and then recouped from proceeds. Each of them pay their own debt.
This seems terribly unfair. They've been married almost 25 years. The magistrate's is basing spousal support on each party's monthly expenses, but he's including expenses on 1) all the cars because he didn't let Kim take one, and 2) his credit card payments because he's the one that ran up the debt. He let the house go, and now everything he pays towards fixing it up gets reimbursed to him from proceeds, which are going to be greatly reduced because of the second mortgage he took out as well as the HELOC he ran up. He also has absolutely no incentive to expedite sale of the house since that's when his spousal support **may** go up. The only good thing is the magistrate ordered they use Kim's realtor.
Does Kim need to get a new attorney? In my opinion, she's been very lax over the last year when this all started (Kim's given me access to all correspondence between the two).
Sorry this is so wordy, I don't know how much info is needed to get an informed opinion.
