In 2008, I was ordered by the court to pay a certain amount of child support and post separation support. The order also read that I was to pay the home mortgage, home owner’s insurance and property tax of the marital home which was titled to the ex wife. The original order read that I was to pay the mortgage, insurance and taxes as ADDITIONAL child support and post separation support.
I have always paid the CS and the mortgage, insurance and taxes but over the past 5 years have not paid completely paid the PSS as ordered. This was due to the fact my job changed and my salary was cut in half. I did go back to court in 2009 but was denied a reduction in PSS as it was determined I lowered my salary in bad faith. The CS was reduced though
Twice we went to court for contempt for failure to pay PSS and money was taken from my savings. That account is now zero
ED and alimony have never been determined yet. We filed interrogatories and discovery but not called for a court date yet. That was one year ago. Ex refuses to come to any settlement. I really have nothing more to given her.
My last child graduated from high school last spring and this November turns 18 so my CS obligation will end.
Am I still expected to pay the mortgage, insurance on the home and taxes now that CS has ended.
When we ever do settle ED, will the amount I have paid so far in the mortgage reduction given to me as a credit for ED
When we ever do get to the alimony determination, will it go against me that I am now remarried and the ex is not. I know it depends on my ability to pay and her needs. Will me having a wife who is working affect my ability to pay as her salary, as little as it is, does go to pay some of our house bills.
4)Looking at my ex wife’s reported needs she listed some expenses for our two college sons, such as covering their health insurance, car insurance and cell phone. Will that be disallowed as they are over 18 and considered adults. The ex says no as the children are dependents and their college loans and scholarships are not enough to cover those charges. Would that be something the judge may allow if he wished if we go to court.
Thank you for your time