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Filling out financial affidavit

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IsaacN

Junior Member
What is the name of your state (only U.S. law)? Florida

So the soon to be ex wife has decided that shelling out a lot of non-existent cash on a lawyer isn't really worth it after all since we have finally come to an agreement on most issues. Her biggest deal was that she wants the house, she loves the house, she'll play nice if I let her keep the house, etc. We had previously discussed selling it and splitting any profit. So I agreed to let her 'keep' the house ie. make the payments on it. The loan is in my name, however, and there would be a stipulation that she either manage to refinance in her own name within 2-3 years OR if she realizes she can't manage it, put the house up for sale and split the profit at that time.

We have agreed on splitting our debts and assets, we have gone through the child support calculator, we have a visitation plan that we've agreed to (basically 50/50). We are planning on using a legal express service to formally fill out the papers and then we can file. She says she wants this done asap so she can 'move on' with her life.

The problem I'm concerned with is her income vs expenditure. She's running at about a 1300.00 deficit per the affidavit she completed. She is putting in the full amt for the house and utilities even though technically I'm still there and paying half of everything. Is this the accurate way to file the papers? With what we assume to be the proper child support amount and additional funds to cover agreed upon expenses, I'm looking at about 950.00/month to her, which still leaves a 350.00 deficit. Will the judge agree to this? We had talked about her renting a room to a coworker/friend and putting in some contingent income but she refuses to list that. I already know she has family moving in with her in December (and I've been told to clear out by Nov). I don't know if she thinks she can get the judge to award her more money from me or if that's even a possibility. I just don't want the whole thing to start over from scratch. I am giving her all the increased value on the home, essentially, not requesting any split of the 401k, nothing. So she will have assets, just not cash income.

Sorry so convoluted. It's been a really rough few weeks. Thanks for any replies.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

So the soon to be ex wife has decided that shelling out a lot of non-existent cash on a lawyer isn't really worth it after all since we have finally come to an agreement on most issues. Her biggest deal was that she wants the house, she loves the house, she'll play nice if I let her keep the house, etc. We had previously discussed selling it and splitting any profit. So I agreed to let her 'keep' the house ie. make the payments on it. The loan is in my name, however, and there would be a stipulation that she either manage to refinance in her own name within 2-3 years OR if she realizes she can't manage it, put the house up for sale and split the profit at that time.

We have agreed on splitting our debts and assets, we have gone through the child support calculator, we have a visitation plan that we've agreed to (basically 50/50). We are planning on using a legal express service to formally fill out the papers and then we can file. She says she wants this done asap so she can 'move on' with her life.

The problem I'm concerned with is her income vs expenditure. She's running at about a 1300.00 deficit per the affidavit she completed. She is putting in the full amt for the house and utilities even though technically I'm still there and paying half of everything. Is this the accurate way to file the papers? With what we assume to be the proper child support amount and additional funds to cover agreed upon expenses, I'm looking at about 950.00/month to her, which still leaves a 350.00 deficit. Will the judge agree to this? We had talked about her renting a room to a coworker/friend and putting in some contingent income but she refuses to list that. I already know she has family moving in with her in December (and I've been told to clear out by Nov). I don't know if she thinks she can get the judge to award her more money from me or if that's even a possibility. I just don't want the whole thing to start over from scratch. I am giving her all the increased value on the home, essentially, not requesting any split of the 401k, nothing. So she will have assets, just not cash income.

Sorry so convoluted. It's been a really rough few weeks. Thanks for any replies.
The judge will basically sign off on anything the two of you agree to. As long as it does not violate the law the judge really has no reason not to sign off. She really cannot ask the judge for any more money from you if there is a signed agreement.

If she has family moving in in December then presumably they will be assisting with any shortfall. It will be important for you to keep tabs on the mortgage and to make sure that it is being paid on time every month. You may be able to do that online.
 

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