Can I win this argument in court?

[krissi10400]

Jurisdiction

New Jersey

My ex-husband got our house in the divorce. He allowed me to live there with our daughter until she was done with the school year so he allowed me to live there for 10 months until our daughter was finished with school. While living there I was supposed to be paying the home equity loan - which I tried to pay each month but my checks were never cashed and only one was sent back because he had fell behind on the payments prior to me having to make them. The bank simply wouldn't accept the amount I was sending the wanted the full amount. Fast forward to when I moved out of the home he now says I owe him $xxxx (amount of sum of said payments). I said no, I owed them to bank but bank would not accpet them I am not just handing you over the money now. Filed a motion saying I will not pay and he needs to pay me back child support from when I moved out of house and half of child's child care payments etc. Judge made his tentative ruling and we can now request oral argument if we don't agree. He said yes, I owe him the money BUT he must provide me with proof of standing of the status of the home equity account including what is needed to bring it current and how he intends to do this. He didn't say my owing him the money is contingent upon this proof, but my lawyer seems to think that if argue in court the judge will stick to the fact that I owe him the money no matter what. I don't agree with her...

 

[army judge]

My ex-husband got our house in the divorce. He allowed me to live there with our daughter until she was done with the school year so he allowed me to live there for 10 months until our daughter was finished with school. While living there I was supposed to be paying the home equity loan - which I tried to pay each month but my checks were never cashed and only one was sent back because he had fell behind on the payments prior to me having to make them. The bank simply wouldn't accept the amount I was sending the wanted the full amount. Fast forward to when I moved out of the home he now says I owe him $xxxx (amount of sum of said payments). I said no, I owed them to bank but bank would not accpet them I am not just handing you over the money now. Filed a motion saying I will not pay and he needs to pay me back child support from when I moved out of house and half of child's child care payments etc. Judge made his tentative ruling and we can now request oral argument if we don't agree. He said yes, I owe him the money BUT he must provide me with proof of standing of the status of the home equity account including what is needed to bring it current and how he intends to do this. He didn't say my owing him the money is contingent upon this proof, but my lawyer seems to think that if argue in court the judge will stick to the fact that I owe him the money no matter what. I don't agree with her...

You have retained an attorney.
As an attorney, I won't interfere in that relationship.
If you dislike or no longer trust the advice dispended to you by your attorney, hire another attorney.

No one is clever enough, or foolish enough to attempt to guess or conclude what any court will rule on any given day about any matter before the court.

 

[KatDini]

Which is the same answer the OP has received elsewhere; OP was mightily unhappy with that answer.

 

[txls]

Well if you ask enough people you'll eventually find someone to agree with you.

 

[Disabled Vet]

Sometimes.... Just sometimes you don't have to question why someone got a divorce. I think this is one of those times.

 

[ElleMD]

You owe the money. You know you owe the money. Your ex knows you owe the money. The judge ordered you to pay the money. Only a fool would refuse to pay. If your ex was ordered to do something, that is an entirely separate issue. You can not and should not use it as an excuse to try and weasel out of what you should have done already.