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Old 10-26-2000, 06:02 PM
tditoma
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If anyone can give me their opinion or suggestion, I will greatly appreciate it! I posted a message last night (I'm new to the board, found it quite by accident!) but haven't received any response as of yet. I live in Arizona and the divorce is between my daughter and her husband. They have 2 children, ages 4 and 1. It has taken 9 months just for her to get to court for a temporary hearing. She was granted temporary custody of the children and child support (of which he still has not paid anything) My question concerns their home. In 1994, my husband, daughter and I bought a townhouse. We were all on the title, but my daughter lived there and made all of the mortgage payments. In 1996 she got married and then in 1997 we sold the townhouse because they wanted to buy a single family home. My husband and I signed a "quit claim" to the townhouse and at closing the profit from the sale was transfered, Title Co., to Title Co.,in her Maiden name, for the down payment and closing costs on the new property. Now that my daughter and her husband are getting a divorce, he wants to make her sell the house so that he can get his share of what he thinks should be about $15,000. in equity! My daughter wants to stay in the house with their two girls, but she sure doesn't have the money to "pay him off" (especially without any child support!). I believe that he should be due equity from the property, however it is my belief that is equity should be HALF of any EARNED equity (meaning, half of the equity, LESS the $12,000. from the sale of the townhouse that was used for down payment & closing costs. (which would be more in the range of $5,000 - $6,000)************** To top all of that off, he is about $10,000 behind in child support!!!! She has been struggling to pay bills and buy groceries, but he hasn't given a dime! Please, does someone know anything about AZ law that might help us?????
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Old 10-26-2000, 06:42 PM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

To check AZ law, go to STATE LAWS at the freeadvice.com homepage, click on state statutes, your state and then check family code or domestic relations.

As to the home, it probably won't be sold because most courts are reluctant to sell the family home when minors are involved (i.e. too much disruption).

As to back child support, get a motion to acknowledge he is in arrears and garnish his wages.
 



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