What is the name of your state (only U.S. law)?
New York
Divorced in 2004. My ex owes me 100k as part of marital assets to be split after my second child is emancipated. Nov 2008 I lost my job after working for same firm for 26 years. I filed for an immediate modification to my 2k/ month CS payment. The facts. I am still unemployed collecting $1700/month on unemployment. My ex makes $65,000 salary. since October 2009 she has vacated the home that I have the equity in and rented it, adding another $2800/month income. I have 2 daughters 19, 18 years old. I am paying for 60% of older daughters college, she lives away from home, and my younger daughter, has moved out of the home with my ex (on her own accord) and has moved in with me. My modification court date is March 3rd. I have proposed to my ex, that now since we both have 1 child, that the CS payments are over. I believe that since my youngest daughter lives with me, and that I am not employed, that my ex would have to pay me CS for the months my daughter is living with me and I am supporting her and my older daughter is away at college.
Also I believe that she has hit one of the trigger points to pay me my 100k, because she vacated our original residence to move into her moms house and is renting the old one. The trigger events of my divorce are as follows. a) death of wife B) the latest of either the emancipation of the youngest child, the youngest child's graduation from high school, or the younger childs 21st birthday c)*** written notice from the wife to the husband that the wife intends to vacate the house, or the actual moving by the wife of her permanent residence from the house D) the wife sells the house e) the wife remarries or lives with another adult in the house in an intimate relationship for longer than 90 days, whether consecutive or not.
She claims that she doesnt owe me the money now because I forced her out by making only the 25% of my salary ($430 since my end of severance pay March 2009) I believe that the court would say that since my situation has dramatically changed I have the right for a modification, and since my younger daughter now lives with me, I have the right to get CS paid to me, and since she still has $350k in equity in her home, and she has moved out for over 5 months, has a stable job, is collecting rent that I never agreed she could rent, is not paying rent living in her mothers house, that she would need to sell or refinance the home and give me my 100k so I dont default on my home, and that I can also continue to pay for college for my older daughter and for my younger daughter who will be going to college this fall.
Thanks for your expert advice, please feel free to ask for any other information. I need to know before the court date where i stand.
KB
New York
Divorced in 2004. My ex owes me 100k as part of marital assets to be split after my second child is emancipated. Nov 2008 I lost my job after working for same firm for 26 years. I filed for an immediate modification to my 2k/ month CS payment. The facts. I am still unemployed collecting $1700/month on unemployment. My ex makes $65,000 salary. since October 2009 she has vacated the home that I have the equity in and rented it, adding another $2800/month income. I have 2 daughters 19, 18 years old. I am paying for 60% of older daughters college, she lives away from home, and my younger daughter, has moved out of the home with my ex (on her own accord) and has moved in with me. My modification court date is March 3rd. I have proposed to my ex, that now since we both have 1 child, that the CS payments are over. I believe that since my youngest daughter lives with me, and that I am not employed, that my ex would have to pay me CS for the months my daughter is living with me and I am supporting her and my older daughter is away at college.
Also I believe that she has hit one of the trigger points to pay me my 100k, because she vacated our original residence to move into her moms house and is renting the old one. The trigger events of my divorce are as follows. a) death of wife B) the latest of either the emancipation of the youngest child, the youngest child's graduation from high school, or the younger childs 21st birthday c)*** written notice from the wife to the husband that the wife intends to vacate the house, or the actual moving by the wife of her permanent residence from the house D) the wife sells the house e) the wife remarries or lives with another adult in the house in an intimate relationship for longer than 90 days, whether consecutive or not.
She claims that she doesnt owe me the money now because I forced her out by making only the 25% of my salary ($430 since my end of severance pay March 2009) I believe that the court would say that since my situation has dramatically changed I have the right for a modification, and since my younger daughter now lives with me, I have the right to get CS paid to me, and since she still has $350k in equity in her home, and she has moved out for over 5 months, has a stable job, is collecting rent that I never agreed she could rent, is not paying rent living in her mothers house, that she would need to sell or refinance the home and give me my 100k so I dont default on my home, and that I can also continue to pay for college for my older daughter and for my younger daughter who will be going to college this fall.
Thanks for your expert advice, please feel free to ask for any other information. I need to know before the court date where i stand.
KB
