What is the name of your state? NJ
Under the terms of our divorce decree my ex-wife was responsible for the payments on the primry mortgage on the marital home. THat decree was signed into effect in June 2005. The mortgage that she was ordered to pay was in my name and we are both named on the proporty deed. early in 2007 she began to NOT pay the mortgage and other bills (including tuition for the kids - her share anyway). I was not always immediately aware of these late payments and non-payments, and as a result my credit is TRASHED. I stepped up and paid the mortgage to keep the property out of foreclosure in the hope that it would sell (has been on market since April 07). I paid 9 out of 12 months in 07 and she has paid only 1 month this year. Overall I paid about $56K in HER debt last year. THis on top of the alimony and support I pay monthly, which totals $9100 a month.....YA. OW. Now she has - if you can believe this - declared chapter 7 bankruptcy. SHe is movng out of the house to a rental house that is actually MORE than the mortgage she was supposed to have been paying. I filed a motion to pay the mortgage and deduct from alimony on March 18 of ths year and have been informed that her subsequent chapter 7 filing puts an automatic stay on my motion. Basically what I am hearing is that the terms of the divorce decree - in which she was to pay the mortgage and half the taxes and 30% of tuition, etc - are OPTIONAL for her while my terms under that same document - alimony and support - are completely binding on me. Furthermore, she can file chapter 7 and move out of the house she petitioned to maintain, leaving me with the option of maintaining it at my sole expense or letting it go to foreclosure (or me filing chapter 13). How is this equal treatment under the law - how is it that she walks while I pay and pay and pay? THere MUST be some way to address this. Any advice or thoughts as to how to address this issue would be most welcome. So far my attorney says there is nothing I can do because the chapter 7 puts everything else on hold (except my obligation to pay the mortgage that she is NOT paying). ARRRRGGGGHHHHHHWhat is the name of your state?What is the name of your state?
Under the terms of our divorce decree my ex-wife was responsible for the payments on the primry mortgage on the marital home. THat decree was signed into effect in June 2005. The mortgage that she was ordered to pay was in my name and we are both named on the proporty deed. early in 2007 she began to NOT pay the mortgage and other bills (including tuition for the kids - her share anyway). I was not always immediately aware of these late payments and non-payments, and as a result my credit is TRASHED. I stepped up and paid the mortgage to keep the property out of foreclosure in the hope that it would sell (has been on market since April 07). I paid 9 out of 12 months in 07 and she has paid only 1 month this year. Overall I paid about $56K in HER debt last year. THis on top of the alimony and support I pay monthly, which totals $9100 a month.....YA. OW. Now she has - if you can believe this - declared chapter 7 bankruptcy. SHe is movng out of the house to a rental house that is actually MORE than the mortgage she was supposed to have been paying. I filed a motion to pay the mortgage and deduct from alimony on March 18 of ths year and have been informed that her subsequent chapter 7 filing puts an automatic stay on my motion. Basically what I am hearing is that the terms of the divorce decree - in which she was to pay the mortgage and half the taxes and 30% of tuition, etc - are OPTIONAL for her while my terms under that same document - alimony and support - are completely binding on me. Furthermore, she can file chapter 7 and move out of the house she petitioned to maintain, leaving me with the option of maintaining it at my sole expense or letting it go to foreclosure (or me filing chapter 13). How is this equal treatment under the law - how is it that she walks while I pay and pay and pay? THere MUST be some way to address this. Any advice or thoughts as to how to address this issue would be most welcome. So far my attorney says there is nothing I can do because the chapter 7 puts everything else on hold (except my obligation to pay the mortgage that she is NOT paying). ARRRRGGGGHHHHHHWhat is the name of your state?What is the name of your state?