alternative disposition

[JennK2009]

What is the name of your state (only U.S. law)Wisconsin
Third party curiosity question. Dad (Jack) is divorced from mom (Jill). They have children. Oldest is 18, youngest is 12. The divorce conclusion is dated Nov 2013. Custody and CS is determined.

Two years ago the judge awarded mom the house with the stipulation that she would refinance the remaining mortgage. This is the family home. Mom is on the verge of losing the house and dad had asked to retain it, if mom could not. For the sake of the kids, etc.

The way the divorce conclusion (orders)are written, is that at the end of this two year mark, the court would advise/demand and “alternative disposition”. What does that mean? Does the court entertain a whole new set of circumstances?

I have posting history under child custody for this, if anyone cares to look.

PS: I think Dad is way off base here, and need some confirmation. There is a ton of paperwork involved and we're trying to cross reference it all. Thoughts?

 

[Just Blue]

What is the name of your state (only U.S. law)Wisconsin
Third party curiosity question. Dad (Jack) is divorced from mom (Jill). They have children. Oldest is 18, youngest is 12. The divorce conclusion is dated Nov 2013. Custody and CS is determined.

Two years ago the judge awarded mom the house with the stipulation that she would refinance the remaining mortgage. This is the family home. Mom is on the verge of losing the house and dad had asked to retain it, if mom could not. For the sake of the kids, etc.

The way the divorce conclusion (orders)are written, is that at the end of this two year mark, the court would advise/demand and “alternative disposition”. What does that mean? Does the court entertain a whole new set of circumstances?

I have posting history under child custody for this, if anyone cares to look.

PS: I think Dad is way off base here, and need some confirmation. There is a ton of paperwork involved and we're trying to cross reference it all. Thoughts?

As a "third party curiosity question" ...it is none of your legal business,

 

[JennK2009]

Yep, I get that. Thanks. Just trying to save my friend a little embarrassment in court. Right now he's listening to his friend who has no clue.

 

[Just Blue]

Yep, I get that. Thanks. Just trying to save my friend a little embarrassment in court. Right now he's listening to his friend who has no clue.

So...Why don't you direct your "friend" here to ask his questions?

 

[LdiJ]

Yep, I get that. Thanks. Just trying to save my friend a little embarrassment in court. Right now he's listening to his friend who has no clue.

So, is this a case where dad thinks that he can convince a judge to allow him to keep the house, AND take over primary custody of the children based on the fact that he now has the house? If so, then yes, your friend is off base.

If mom cannot afford the house then it really needs to be sold and the proceeds split. That is the appropriate way to solve the problem.

 

[Bali Hai]

So, is this a case where dad thinks that he can convince a judge to allow him to keep the house, AND take over primary custody of the children based on the fact that he now has the house? If so, then yes, your friend is off base.

If mom cannot afford the house then it really needs to be sold and the proceeds split. That is the appropriate way to solve the problem.

If dad wants to buy the house, is there a legal problem with that?

 

[LdiJ]

If dad wants to buy the house, is there a legal problem with that?

If he is able to buy out mom, of course not. However, the kids do not go with the house.