ED mediation held. No agreement, ex walked out. Ex states has no money to do buy out. Can one ask for monthly payments to be done in lieu of full amount? Would the court look at this as an option or do they just figure if someone doesn’t have full amount then they don’t have to pay anything?
If a buyout is not a possibility periodic payments may be ordered, in the alternative the Court could order the home to be sold, with the proceeds split.
I have same situation where ex states he has no more money and can not afford to give me my share of the ED. I noticed you said about the court ordering the home to be sold. I live in the marital home with the children. He bought a brand new home (higher mortgage than marital home), completely furnished the home, took vacations, etc, in the year we were separated. Tables have turned and now he really is very low on money, but through no fault but his own.
The home he bought for himself he used marital money as a down payment and he still lives there. Could the court ask him to sell his home, esp if he cannot pay to me what is owed in ED, and esp since the only reason he could have purchased the home was to use MARITAL money.
I guess this would be called a lien. What about asking him to sell other assets. I am not trying to make his destitute but he spent, spent, spent and he expects me to suffer for it. (and the children)
Yes, the court could award either sale of his property or other assets in order to come up with the amount owed to you under ED.