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Watt's Credits Question

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Klyde

Junior Member
What is the name of your state (only U.S. law)? California

I will try and make a long story short. In divorce process since 10/09. She filed OSC for custody & support that was awarded 3/10. Child and Spousal support was awarded to her. She moved out 04/10.

In trying to settle, I quickly offered to purchase marital home. Now, 8 months later they are seeking for Watts credits, and it's likely will go to trial without settling (on at least some of the issues).

I want to know what are her chances of winning Watt's Credits at Trial? I understand this is discretionary credit. I understand the law and concept of Watt's and Epstein Credits.

Facts:
1) She moved voluntarily (not happy, but voluntarily)
2) The OSC for custody and support was silent on this issue. Actually, guideline support was determined based upon me making the mortgage & tax payments.
3) Notice by her lawyer was given they will seek Watt's Credits right before her move.
4) Rental value IS greater than existing mortgage. (Rental maybe $3000/mo; Mortgage & Taxes ~$2100/mo) (so fair use is higher than mortgage)
5) I am making the mortgage payments.

Thoughts?
Thanks!
 
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