Financial Hardship


#1

I was the supporting spouse when I receive an absolute divorce from my ex-wife. The Consent Order stated that I am responsible for the second mortgage on the marital home that my ex-wife and her new husband presently resides. Also, I am paying off over $50,000.00 in marital debt. In addition, my name was removed off the deed, however my name remains on the first and second mortgage. They would like to refinance and is asking for me to go ahead and pay the first mortgage off or make a deal. If I could I would, but I don’t have it to pay. I am barely able to make my bills now.

Now the payments have in increased from $300.00 per month to over $700.00 per month and I am reaching the point that I cannot continue to pay $700.00 per month. I was forced to retire a year ago and have not been able to find another job due to my medical and physical problems. I am going in the hole about $2.000.00 per month or more. I have almost depleted my 401 account, and I am at the point of filing for bankruptcy.

My question is can I file a “Financial Hardship” with the court where I received my Consent Order to have it modified or preferably removed? She remarried four plus years ago and the two of them are living in the house. My name was removed from the deed and his name was added to the deed, however, his name was not added to the loan. My name is still on both loans.

The house has acquired enough equity whereby they could refinance, and the house payments would be approximately $300.00 less than what they are presently paying.

I need relief. Let me know if this is something that be done and if so will you take the case and how much it will be.
Thanks for your time.


#2

It sounds like you have a consent order for equitable distribution. Unfortunately, equitable distribution orders cannot be modified.

Check to make sure you court order doesn’t require your ex-wife to refinance the mortgage. Typically the spouse that is keeping a house will also keep the associated debt and be required to refinance it in order to remove the other spouse’s name (i.e. the spouse not living in the house).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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