Advice?

Eve-3 · 2022-01-14T02:50:29+00:00

Do you have 30k to give her for her half of the house profits? If not, do you have something worth that much which she might want?

She can say now that she doesn't want child support and the day after the divorce is final file for it. Don't let that be a bargaining chip because only she benefits from it. If she keeps her word you'd benefit, but nothing, absolutely nothing, is forcing her to. Whereas whatever you give her in the divorce is final without some serious extenuating circumstances, and her asking for child support wouldn't be considered that.

pegleg_legal · 2022-01-14T09:42:18+00:00

I'm also factoring in not pissing her off. She has agreed to not put me on child support so I don't want to screw that up. (2 kids)

ITS_A_TRAP.gif

Commercial-Skin8525 · 2022-01-14T03:55:56+00:00

I'd get the house appraised by a certified appraiser. That'll give you the true market value. Either pay your ex out, or present her with appraisal. Whichevers in your best interest.

pegleg_legal · 2022-01-14T09:41:25+00:00

Any deal you have regarding child support will need to be approved by a judge - and no child support may be contrary to the law. Additionally, either party can force the sale of the house so if you really want it, then I guess she has leverage.

Gattsama · 2022-01-14T03:39:48+00:00

It's a hard choice. But in the end ignore her and try to decide what is best for you. I don't know the market where you live. In the greater Seattle area and housing and rental prices here are insane. You will pay more to rent then an actually mortgage. Also if you have two kids they need a safe place two.

But as others have said, what ever you do make it part of the divorce. Do NOT do anything prior, because all of that is considered a gift. Make child support, the house, debt, everything part of the settlement.

25_years · 2022-01-14T13:25:25+00:00

Before you get too comfortable with the 60k number, keep in mind there will be realtor's fees and appraisal fees -- and fees for this and that. If you're thinking you'll both walk away with 30k is a risky assumption. Also, if it sits on the market for two months, that's two more months of payments, just to get rid of it.

And maybe you'll get lucky. Maybe you'll get an offer that's ABOVE the 60k equity. But the housing market is funny right now. It could go either way.

has agreed to not put me on child support

She has agreed not to do that... FOR NOW. Regardless of whatever agreement you have with her, she can always go to the State later and say the children's needs are not being met. The judge won't care what agreement you made; he'll order child support.

And if she ever uses any public assistance such as food stamps or Medicaid, the State will look to you for reimbursement.

In short, you can't really negotiate away child support with a guarantee it'll never come back for you. Be careful.

gnackered · 2022-01-14T14:19:07+00:00

You can always buy another house one day. She can always reneg on her offer of no CS, but I would take a chance on that. Make sure that you write up that you are splitting what is left over after all the expenses are paid (fix up expenses, realtor fees, taxes, etc).

47omek · 2022-01-14T15:37:44+00:00

DO NOT agree to any bad deals for the sake of no CS in Texas. All she has to do is call up the AG office and you will have a child support order at state guidelines (25% of your net income for 2 children) with the quickness, regardless of whatever is in your divorce decree (if a judge even approves it).

firstlight777 · 2022-01-14T16:26:45+00:00

Appraiser here. You can get it appraised without her knowing. Leave it cluttered, less than marketable condition aka "lived in", and don't make any repairs prior. If it comes in lower than she thinks show her and buy her out. She may want her own appraisal though and opinions can vary. You can refi to buy her out and remove her name.

bobsaget2021 · 2022-01-14T02:55:17+00:00

If you don't want to sell the house, find a way to pay her the $30k. My ex wanted to sell it to reap the benefits of a bidding war. Thankfully I was able to establish a value in mediation before appraisal, and the appraisal came back $35k higher 3 months later on when I refinanced.

TonLoc1281 · 2022-01-14T11:50:09+00:00

Sell the house and go bro!!!!!!!!!

Title	Advice?
Author	Dependent_Ad7286
Upvotes	4
Comments	14
Date	January 14, 2022 2:23 AM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/s3gpbz/advice/
Archive Link	https://theredarchive.com/r/Divorce_Men/advice.1096315 https://theredarchive.com/post/1096315

Comments