Is Modification Likely?

[skyspirit]

What is the name of your state? Ohio

I have a few questions for an upcoming court date next month. My fiance filed for contempt because his ex took ALL marital property and all his personal property (including tools) from the residence. It was supposed to be divided by lottery. He had the process-server as a witness and video taped his first trip into his home in 3 years. Much damage was also done to the house (broken windows, holes in walls...). She was also awarded the van (in his name) and was given alimony to make the payments. On the worksheet for alimony, the judge wrote what the breakdown of alimony was for: rent and van payment. The van is now in repossession, but she has it hidden and refuses to give it back to the bank. This has caused extensive damage to his credit!

He also filed for modification of alimony. Our daughter was born April 20, his divorce trial was April 29. They did not consider the baby with the alimony award. Also, we have 2 foster boys they didn't consider.

Will the court modify the amount of spousal support for the other children, and what will be the likely outcome of the contempt?

Thanks.
Sky

[LdiJ]

Originally Posted by skyspirit

What is the name of your state? Ohio

I have a few questions for an upcoming court date next month. My fiance filed for contempt because his ex took ALL marital property and all his personal property (including tools) from the residence. It was supposed to be divided by lottery. He had the process-server as a witness and video taped his first trip into his home in 3 years. Much damage was also done to the house (broken windows, holes in walls...). She was also awarded the van (in his name) and was given alimony to make the payments. On the worksheet for alimony, the judge wrote what the breakdown of alimony was for: rent and van payment. The van is now in repossession, but she has it hidden and refuses to give it back to the bank. This has caused extensive damage to his credit!

He also filed for modification of alimony. Our daughter was born April 20, his divorce trial was April 29. They did not consider the baby with the alimony award. Also, we have 2 foster boys they didn't consider.

Will the court modify the amount of spousal support for the other children, and what will be the likely outcome of the contempt?

Thanks.
Sky

If your fiance gets on the ball and pays the finance company directly for the van...he may be able to negotiate with them to undo the damage to his credit report. I doubt that the judge would give him too much grief if he paid the part of the alimony that was to go for the van, directly to the finance company.....a judge may even allow him to totally re-direct alimony towards the van under the circumstances.

I doubt that your child would be taken into consideration in calculating alimony....and I am CERTAIN that foster children wouldn't be taken into consideration. The state provides for the foster children's needs.

I can't guess on the contempt...however if the house is still yet to be sold and the proceeds divided, he may get some relief with the equity division.

[skyspirit]

Originally Posted by LdiJ

If your fiance gets on the ball and pays the finance company directly for the van...he may be able to negotiate with them to undo the damage to his credit report. I doubt that the judge would give him too much grief if he paid the part of the alimony that was to go for the van, directly to the finance company.....a judge may even allow him to totally re-direct alimony towards the van under the circumstances.

I doubt that your child would be taken into consideration in calculating alimony....and I am CERTAIN that foster children wouldn't be taken into consideration. The state provides for the foster children's needs.

I can't guess on the contempt...however if the house is still yet to be sold and the proceeds divided, he may get some relief with the equity division.

Thanks...but Alimony is being directly withheld from his pay...$667 per month! (He will be lucky to make $40K this year BEFORE alimony is taken out. So that's out...

I have read that "change in circumstance need not be contemplated" in Ohio, so he might have a shot there with consideration to support his child?

The state provides VERY LITTLE toward the care of the foster children. It is KINSHIP (they are related by marriage) and it is very little support.

He wasn't ordered to sell the house--just to refi it and give her her share of the equity. Because of the van loan gone bad, refinancing is not an option. Also, when the court set the alimony amount, it inflated his debt-to-income ratio so high that the bank won't touch it. (they set it way above any/all guidelines).

Any thoughts?
Thanks!

[skyspirit]

Any thoughts on this??? Also--he is no longer my fiance, he's my husband. We married July 4th.


Thanks!!

Sky

[LdiJ]

Originally Posted by skyspirit

Any thoughts on this??? Also--he is no longer my fiance, he's my husband. We married July 4th.


Thanks!!

Sky

I see some potential problems. Mainly with the house. Despite the fact that she trashed his credit she is still entitled to her share of the equity in the home....and she is entitled to have her name removed from the mortgage.

Its possible that your husband may end up having to sell the home.

[nextwife]

However, if she has directly DIMINISHED the equity, he may want to petition to have the depreciated difference deducted from HER share of equity when sold.

[skyspirit]

They went to court in July. Alimony was modified a little lower, but he was found in contempt for not refinancing the house. Was reordered to pay it by a certain date. He could not refinance because she had not made van payments with the alimony as court ordered. He ended up taking out a 401K loan at a hefty rate. Finally got the cash and he stuck it in escrow with his attorney pending her paying off the van. Meanwhile, she filed contempt on him for not paying by that date (altho the money was in escrow). He cross filed contempt for her non payment of the van. They went to court. He was allowed to deduct the payoff of the van from the escrow.

THIS IS WHERE IT GETS GOOD!!

He mailed the check out on a Tuesday Fedex to the bank.
The next day (Wednesday), the van was repossessed.
The day after (Thursday), the full payment of the van was posted to the account and paid off.

TALK ABOUT POETIC JUSTICE!!!!

The repo guy said that she got in the van and he followed her to a muddy field where she flattened all 4 tires. She pulled a knife on the driver. Eventually, he was able to repo the van.

The repo company will not be giving her a break on the charges. The bank may not release the title until ALL FEES are paid. (Mind you, they looked for this van for 2 years).

The repo fees will either come out of her share of equity for the home (which the balance after the payoff is in escrow again until the title comes in the mail), or --IF the bank sends the title, my husband will sign it over as court ordered and give her the balance due from equity and she will have to deal with getting it back.

Anyone have any thoughts about this mess???
Looking for advice on how to proceed.

Either my husband could:

A. pay off repo fees from her share of equity
B. Try to get title from bank, sign it, and let her deal with it.

THANKS!!

[averad]

Originally Posted by skyspirit

The repo guy said that she got in the van and he followed her to a muddy field where she flattened all 4 tires. She pulled a knife on the driver. Eventually, he was able to repo the van.

I just wanted to quote that because its just so crazy :P

More important posts below.

[Bali Hai]

Originally Posted by skyspirit

Thanks...but Alimony is being directly withheld from his pay...$667 per month!

That's not alimony, but a real debt that he needs to pay.

(He will be lucky to make $40K this year BEFORE alimony is taken out. So that's out...

I have read that "change in circumstance need not be contemplated" in Ohio, so he might have a shot there with consideration to support his child?

The state provides VERY LITTLE toward the care of the foster children. It is KINSHIP (they are related by marriage) and it is very little support.

He wasn't ordered to sell the house--just to refi it and give her her share of the equity. Because of the van loan gone bad, refinancing is not an option. Also, when the court set the alimony amount, it inflated his debt-to-income ratio so high that the bank won't touch it. (they set it way above any/all guidelines).

Any thoughts?
Thanks!

Then sell the house and pay over her equity. It's not the courts fault that he can't keep his finances in order.

[Bali Hai]

Originally Posted by skyspirit

They went to court in July. Alimony was modified a little lower, but he was found in contempt for not refinancing the house. Was reordered to pay it by a certain date. He could not refinance because she had not made van payments with the alimony as court ordered. He ended up taking out a 401K loan at a hefty rate. Finally got the cash and he stuck it in escrow with his attorney pending her paying off the van. Meanwhile, she filed contempt on him for not paying by that date (altho the money was in escrow). He cross filed contempt for her non payment of the van. They went to court. He was allowed to deduct the payoff of the van from the escrow.

THIS IS WHERE IT GETS GOOD!!

He mailed the check out on a Tuesday Fedex to the bank.
The next day (Wednesday), the van was repossessed.
The day after (Thursday), the full payment of the van was posted to the account and paid off.

TALK ABOUT POETIC JUSTICE!!!!

The repo guy said that she got in the van and he followed her to a muddy field where she flattened all 4 tires. She pulled a knife on the driver. Eventually, he was able to repo the van.

The repo company will not be giving her a break on the charges. The bank may not release the title until ALL FEES are paid. (Mind you, they looked for this van for 2 years).

The repo fees will either come out of her share of equity for the home (which the balance after the payoff is in escrow again until the title comes in the mail), or --IF the bank sends the title, my husband will sign it over as court ordered and give her the balance due from equity and she will have to deal with getting it back.

Anyone have any thoughts about this mess???
Looking for advice on how to proceed.

Either my husband could:

A. pay off repo fees from her share of equity
B. Try to get title from bank, sign it, and let her deal with it.

THANKS!!

Are you sure you haven't been up late watching B movies???

[skyspirit]

Originally Posted by Bali Hai

Then sell the house and pay over her equity. It's not the courts fault that he can't keep his finances in order.

I think you missed the boat on this one...

His finances were in order until he was court-ordered to pay $667 per month in alimony and all her personal, pre-marital bills to boot.

Now..with that said...Here's how this is shaping up (and it does sound very much like a B-rated movie!)

He paid the repo fees out of her equity for the home. He was court ordered to "Pay all expenses to the creditor, Triad for the Pontiac van, sign and notarize title to said van, deliver notarized title and remaining balance of home equity check and itemized statements from Triad to his attorney". So--that's what he will do.

Here's the problem she will run into tho..The bank told me yesterday that the repo company may not release the van to her--even if she runs the title in her name and has it registered to her exclusively. She was never on the loan for the van, and the bank will only release the van to him. I think she may be able to provide the repo company with a copy of the Divorce Decree where it says she was awarded the van. I don't know for sure, but I hope its a real big pain in the butt for her after not making payments on the van as she was court-ordered to do.

My hubby will not make the trip to Columbus to retreive the van. PERIOD. He works every day for one thing, and she got herself into this mess (of repossession) by not following the court order. She can dig herself out.

Just wanted to update this thread. I know there are probably alot of people with the same sort of mess where one spouse is awarded an asset in the other spouse's name with monies still owed --and then they default.

Personally...I've lost all faith in our justice system with this case. She was in contempt the entire time for various things. Nothing was ever done about it. She got EVERYTHING--there was no "equitable division" of assets- furniture and the like. She came out smelling like a rose with this case by playing "poor pitiful me" and the courts bought it.

Sky

[Bali Hai]

Originally Posted by skyspirit

I think you missed the boat on this one...

His finances were in order until he was court-ordered to pay $667 per month in alimony and all her personal, pre-marital bills to boot.

Now..with that said...Here's how this is shaping up (and it does sound very much like a B-rated movie!)

He paid the repo fees out of her equity for the home. He was court ordered to "Pay all expenses to the creditor, Triad for the Pontiac van, sign and notarize title to said van, deliver notarized title and remaining balance of home equity check and itemized statements from Triad to his attorney". So--that's what he will do.

Here's the problem she will run into tho..The bank told me yesterday that the repo company may not release the van to her--even if she runs the title in her name and has it registered to her exclusively. She was never on the loan for the van, and the bank will only release the van to him. I think she may be able to provide the repo company with a copy of the Divorce Decree where it says she was awarded the van. I don't know for sure, but I hope its a real big pain in the butt for her after not making payments on the van as she was court-ordered to do.

My hubby will not make the trip to Columbus to retreive the van. PERIOD. He works every day for one thing, and she got herself into this mess (of repossession) by not following the court order. She can dig herself out.

Just wanted to update this thread. I know there are probably alot of people with the same sort of mess where one spouse is awarded an asset in the other spouse's name with monies still owed --and then they default.

Personally...I've lost all faith in our justice system with this case. She was in contempt the entire time for various things. Nothing was ever done about it. She got EVERYTHING--there was no "equitable division" of assets- furniture and the like. She came out smelling like a rose with this case by playing "poor pitiful me" and the courts bought it.
Sky

You and about 100 million other people. It's not surprising that the divorce was all about HER.