MSA motion vs. cross motion

[creative]

What is the name of your state (only U.S. law)? New Jersey

I was divorced on 6/30/08 and my ex-husband and I are binded by a matrimonial settlement agreement. As part of the distribution, I'm keeping 2 real estate properties and he's keeping 2 real estate properties. One of the properties he's keeping has no mortgage, all others do. I just got served with foreclosure papers for the one that he's keeping where he has a mortgage on. The mortgage is still in both names. He has not been paying the mortgage since March 2008 despite the fact that he's been receiving rental income. I filed a motion in court to demand that he pays the arrearage or remove my name from the mortgage. Per the MSA, we have 90 days to remove each other's names. I've removed his from my properties and I'm just waiting for him to sign the deeds.

He filed a cross-motion seeking 1) more child support (I currently pay him $304 per week - we have 4 children and have joint physical custody) 2) wants me to relinquish physical custody of our 16yr old son, 3) and several other things that just don't make much sense or have nothing to do with my original motion. He earns $130,000/yr, I earn $150,000. I am eligible for a discretionary bonus, which is probably zero this year since the markets and financial companies are in turmoil.

I have multiple sclerosis and need to save for my future care. After our separation, I had to begin working again because he was not giving me any support. I'm very tired and can't see how I can continue working at this pace. I've gotten sick in the past year and I really don't want to chance it again.

Doesn't a cross-motion be filed for motions that have been filed that refer to the same thing? Or can he file a cross-motion that has nothing to do with the original motion I filed?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? New Jersey

I was divorced on 6/30/08 and my ex-husband and I are binded by a matrimonial settlement agreement. As part of the distribution, I'm keeping 2 real estate properties and he's keeping 2 real estate properties. One of the properties he's keeping has no mortgage, all others do. I just got served with foreclosure papers for the one that he's keeping where he has a mortgage on. The mortgage is still in both names. He has not been paying the mortgage since March 2008 despite the fact that he's been receiving rental income. I filed a motion in court to demand that he pays the arrearage or remove my name from the mortgage. Per the MSA, we have 90 days to remove each other's names. I've removed his from my properties and I'm just waiting for him to sign the deeds.

He filed a cross-motion seeking 1) more child support (I currently pay him $304 per week - we have 4 children and have joint physical custody) 2) wants me to relinquish physical custody of our 16yr old son, 3) and several other things that just don't make much sense or have nothing to do with my original motion. He earns $130,000/yr, I earn $150,000. I am eligible for a discretionary bonus, which is probably zero this year since the markets and financial companies are in turmoil.

I have multiple sclerosis and need to save for my future care. After our separation, I had to begin working again because he was not giving me any support. I'm very tired and can't see how I can continue working at this pace. I've gotten sick in the past year and I really don't want to chance it again.

Doesn't a cross-motion be filed for motions that have been filed that refer to the same thing? Or can he file a cross-motion that has nothing to do with the original motion I filed?

Thanks

Yes, he can do that. You are already paying quite a bit of child support considering that your incomes are quite similar and the custody is 50/50.

 

[mistoffolees]

What is the name of your state (only U.S. law)? New Jersey

I was divorced on 6/30/08 and my ex-husband and I are binded by a matrimonial settlement agreement. As part of the distribution, I'm keeping 2 real estate properties and he's keeping 2 real estate properties. One of the properties he's keeping has no mortgage, all others do. I just got served with foreclosure papers for the one that he's keeping where he has a mortgage on. The mortgage is still in both names. He has not been paying the mortgage since March 2008 despite the fact that he's been receiving rental income. I filed a motion in court to demand that he pays the arrearage or remove my name from the mortgage. Per the MSA, we have 90 days to remove each other's names. I've removed his from my properties and I'm just waiting for him to sign the deeds.

He filed a cross-motion seeking 1) more child support (I currently pay him $304 per week - we have 4 children and have joint physical custody) 2) wants me to relinquish physical custody of our 16yr old son, 3) and several other things that just don't make much sense or have nothing to do with my original motion. He earns $130,000/yr, I earn $150,000. I am eligible for a discretionary bonus, which is probably zero this year since the markets and financial companies are in turmoil.

I have multiple sclerosis and need to save for my future care. After our separation, I had to begin working again because he was not giving me any support. I'm very tired and can't see how I can continue working at this pace. I've gotten sick in the past year and I really don't want to chance it again.

Doesn't a cross-motion be filed for motions that have been filed that refer to the same thing? Or can he file a cross-motion that has nothing to do with the original motion I filed?

Thanks

1. Removing each others' names from the deeds doesn't solve the problem. If you're on the mortgage, you're still liable - regardless of who's on the deed. The bank is not party to the divorce and therefore has no obligation to remove your name. What you need is an order that he refinance or sell the property within a certain period of time. That's the only way to get your name off (well, you could ask the bank to remove you, but it's unlikely that they would just do it. If HE asks and has a good enough credit rating, they might). Meanwhile, you may want to talk with your attorney about whether it might be better for you to pay the mortgage and then sue him to recover the money in order to protect your credit rating.

2. He can ask for the sun, moon, and stars in his motion. That doesn't mean he's going to collect. What will probably happen is that your attorney will file a counter-motion to eliminate child support (or maybe have him pay due to your illness), go for full custody, demand damages for him messing up your credit rating, and so on. The judge may look at the motion and counter-motion and just leave everything else the same. Make sure you have a good attorney. It sounds like you have plenty of income and assets that it's not worth messing around.