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pending sale of house

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esaloca

Junior Member
What is the name of your state? NC

My soon to be ex has informed me that he will moving out of the house due to a new job he's taken 70 miles away.

As this may be a good thing for me and the kids, he says he will only be responsible for the 1/2 the mortgage. The house is in both our names, but I don't make enough money to maintain the house and living expenses.

My question is will he be responsible for anything else such as water, gas and electricity?

On another note, how often do the courts go by the NC child support guidelines? Is is the rule of thumb of 17% of his salary? He's under the impression that the guidelines are written in stone and he won't have to pay more than that!! He makes 3x more than I do and now is trying to stiff me on the penny on child support!!

Please help!! Thank you so much!!
 


LdiJ

Senior Member
esaloca said:
What is the name of your state? NC

My soon to be ex has informed me that he will moving out of the house due to a new job he's taken 70 miles away.

As this may be a good thing for me and the kids, he says he will only be responsible for the 1/2 the mortgage. The house is in both our names, but I don't make enough money to maintain the house and living expenses.

My question is will he be responsible for anything else such as water, gas and electricity?

On another note, how often do the courts go by the NC child support guidelines? Is is the rule of thumb of 17% of his salary? He's under the impression that the guidelines are written in stone and he won't have to pay more than that!! He makes 3x more than I do and now is trying to stiff me on the penny on child support!!

Please help!! Thank you so much!!
Google "North Carolina child support calculator" to find an online child support calculator for your state. Run the numbers and see where it puts you.

There is little chance that you could get more than that guideline amount without his agreement. However 17% is only the average...and it is only applicable for one child.

File for child support immediately since he is moving out If you can't afford to keep the home with a combo of your income and child support..(which would include a refinance to obtain the funds to buy out his share) then the house really needs to be sold.
 

LdiJ

Senior Member
esaloca said:
Thanks for your reply.....

What about the household expenses??????
The bottom line is that without a court order he doesn't have to pay squat. He would be foolish to do that because it would just damage his credit...but if he wants to be foolish he can do that.

You may be able to get some adustment on the equity payout to cover whatever a judge believes he should have covered.

So, get yourself an attorney and get these issues into court ASAP.
 

dallas702

Senior Member
ASAP will get you temporary CS and possibly maintenance until the divorce is final and the amounts are adjusted. You didn't say how long you have been married, but the tendency currently is for judges to equalize the income. I have seen many judges order the hubby to make the house payments...especially when the children are living there.

So, go get that order and you'll be ok for awhile.
 

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