Do I have to pay for unreasonable expenses during temporary orders?

[chiswick]

Awaiting judgment in divorce trial. I pay for mortgage and all bills - wife is residing in martial home until judgment - I am staying elsewhere till I buy her out. Am I required to open and maintain the swimming pool for her during this time or is this over and above necessary living expenses? She says if I do not open the pool - (even though I agreed to charge the lawn tractor battery for her so she can maintain the lawn) she will hire out to get the pool and landscaping done and send me the bills both services. She is boarderline personality disorder and was recently hospitalized - reason I can't stay at martial home.
Within the temporary orders it states "The husband shall pay all expenses relative to the martial home, including mortgage (PIT) insurance, utilities and maintenance." What is the definition of "Maintenance"? I define it as a maintenance for a living necessity. For example, clogged sink, broken light switch...Not the opening of a pool or even cutting of the lawn. Some individuals do not cut their lawn. I am continually being harassed every time I am at the house, I would be unable to utilize the pool restfully, It is not a living necessity. hence, I will not be opening it this year. She can utilize the town pool,, as I will be doing this year up the street. If she wants to hire a landscaping company for the property that will be on her bill. What are your thoughts?

 

[PayrollHRGuy]

If you have an attorney I suggest you talk to him/her. "Maintenance" could mean different things to different judges.

 

[Zigner]

Has the pool been opened every year prior to this? If yes, then I would suggest it is normal/expected maintenance for that house.

(Frankly, I find your suggestion that lawn mowing is not "maintenance" laughable.)

 

[xylene]

She is boarderline personality disorder and was recently hospitalized - reason I can't stay at martial home.

That statement makes no sense. It is not a reason.

 

[Just Blue]

Awaiting judgment in divorce trial. I pay for mortgage and all bills - wife is residing in martial home until judgment - I am staying elsewhere till I buy her out. Am I required to open and maintain the swimming pool for her during this time or is this over and above necessary living expenses? She says if I do not open the pool - (even though I agreed to charge the lawn tractor battery for her so she can maintain the lawn) she will hire out to get the pool and landscaping done and send me the bills both services. She is boarderline personality disorder and was recently hospitalized - reason I can't stay at martial home.
Within the temporary orders it states "The husband shall pay all expenses relative to the martial home, including mortgage (PIT) insurance, utilities and maintenance." What is the definition of "Maintenance"? I define it as a maintenance for a living necessity. For example, clogged sink, broken light switch...Not the opening of a pool or even cutting of the lawn. Some individuals do not cut their lawn. I am continually being harassed every time I am at the house, I would be unable to utilize the pool restfully, It is not a living necessity. hence, I will not be opening it this year. She can utilize the town pool,, as I will be doing this year up the street. If she wants to hire a landscaping company for the property that will be on her bill. What are your thoughts?

What state?

 

[chiswick]

Massachusetts

 

[chiswick]

That statement makes no sense. It is not a reason.

Reason is she is very contentious - continually harasses me from I get there - I don't engage at all - just pick up my mail. She records me - takes pictures - said she had over 1000 pictures of me in court lying by the pool, working on fire wood etc. Ridiculous. I would not be able to utilize the pool myself restfully.

 

[PayrollHRGuy]

I think what xylene meant was that if she is hospitalized you could live in the house. I noticed that in your OP and ignored it as it along with the mental health are not at issue here.

Do you have a lawyer?

 

[Just Blue]

I think what xylene meant was that if she is hospitalized you could live in the house. I noticed that in your OP and ignored it as it along with the mental health are not at issue here.

Do you have a lawyer?

He does...and an extensive px hx.

 

[ShyCat]

Just because it's been bugging me...

It's marital home, not martial.

 

[not2cleverRed]

Awaiting judgment in divorce trial. I pay for mortgage and all bills - wife is residing in martial home until judgment - I am staying elsewhere till I buy her out. Am I required to open and maintain the swimming pool for her during this time or is this over and above necessary living expenses? She says if I do not open the pool - (even though I agreed to charge the lawn tractor battery for her so she can maintain the lawn) she will hire out to get the pool and landscaping done and send me the bills both services. She is boarderline personality disorder and was recently hospitalized - reason I can't stay at martial home.

Interesting.

You were convinced back in August that it was practically a done deal...

Awaiting judgment in divorce trial. I pay for mortgage and all bills - wife is residing in martial home until judgment - I am staying elsewhere till I buy her out. Am I required to open and maintain the swimming pool for her during this time or is this over and above necessary living expenses? She says if I do not open the pool - (even though I agreed to charge the lawn tractor battery for her so she can maintain the lawn) she will hire out to get the pool and landscaping done and send me the bills both services. She is boarderline personality disorder and was recently hospitalized - reason I can't stay at martial home.
Within the temporary orders it states "The husband shall pay all expenses relative to the martial home, including mortgage (PIT) insurance, utilities and maintenance." What is the definition of "Maintenance"? I define it as a maintenance for a living necessity. For example, clogged sink, broken light switch...Not the opening of a pool or even cutting of the lawn. Some individuals do not cut their lawn. I am continually being harassed every time I am at the house, I would be unable to utilize the pool restfully, It is not a living necessity. hence, I will not be opening it this year. She can utilize the town pool,, as I will be doing this year up the street. If she wants to hire a landscaping company for the property that will be on her bill. What are your thoughts?

Depending on where the house is located in Massachusetts, there may be local municipal code that dictates the maximum height of the lawn. Usually the code includes a phrase such as, "the property owner is responsible for" before expounding on whatever it is that is to be maintained... like the lawn at no greater height than [___]. Therefore, yes, the lawn must be mowed. She can retain a landscaping service, or you can hire someone yourself. (Of course, she could mow the lawn herself, but that's not the sort of gal you chose so live with it.)

I cannot imagine anyone opening a pool in MA right now, unless it's a heated pool. It's a bit nippy out. That said, if you were living in the house yourself, would you open the pool? You know the true answer is yes.

Basically, whatever you would do to maintain the house were you living in it, you should arrange to have done, in order to be in compliance with the temporary orders.

Based on your past posts, you'd drive a saint crazy, so stop it with the snide remarks about your not so STBX.