Can my ex really do this?

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secondopinion

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This weekend I received a motion to amend my divorce degree. My 16 year old son has been living with his dad for 15 months, I was ordered to pay child support.
Now because he has a lien on our home he built that I am sharing with my significant other, his lawyer wants me to pay it immediately.
Can this really happen? Do I need a lawyer? I wasn't planning to pay until
my son turned 19.
 
You weren't planning to pay child support until your son was 19? I'm not sure I understand. The key word in that is CHILD support. At 19 he will no longer be a child. The lien on your home is because of the arrearge?
 
My ex wants his equity

When I filed for divorce I talked my husband into sharing an attorney thinking it would save us money and I could get things the way I wanted. He agreed to do whatever wouldn't make the children see us argue. My oldest daughter lives on her own and is 22.
My ex moved out and got a home and the divorce papers say he has to pay until my son is 18 or graduates whichever is later. He may be 19 by the time he graduates.
His lawyer says the custodial parent can keep the house so as not to put pressure on the child. He said since the child no longer lives with me my husband would like to collect his equity in the home. I share it with my boyfriend because if I marry him I would have to pay the equity. My question is can I fight this? My son has been living with his dad and step-mother over a year and is actually very happy.
 
Keep in mind I'm not a lawyer...but common sense would lead me to believe that your husband does have a case. If your son lives in a different house than the one you shared as a family, but you have retained possession of the house, then your ex-husband would be entitled to the equity of the home. I'm also thinking that he would be entitled to the amount it was worth at the time of the divorce which might be higher considering the value of property recently. Of course, I don't know for sure.
 
How can I fight this?

So even though I originally got divorce papers that I could stay in the house until my son graduates, I will have to sell or re-finance the house? How much time will they give me.
 
I think you should give a lawyer a call. The court system, from my experience, has always moved at a snail's pace. You will have to probably refinance, but it will be your home and you could refinance with your fiancee/boyfriend.
 
Thanks for you're imput. Can I postpone this?
Hello, did not get a lawyer, thinking about not even showing. They can't make me sell my house in this economy and my boyfriend was never mentioned in the papers so I should be okay right?
It's set to go this Friday at 8 a.m. I don't even talk to my ex- but I told my son when he visited and he said he didn't want to hear anything about it. Is that a bad sign?
Thanks,
Second opinion
 
Dear advice experts,
Now I am starting to get nervous. A lawyer want a $700.00 deposit- is that pretty standard? Over the phone she asked about my ex's drinking, whether I could prove he drives while drinking with our son in the car. We both do. She asked about my boyfriend hitting my son - that was 6 years ago. Also there was a newspaper article this summer that mentioned my boyfriend and I built the house -which is not true and it doesn't mention my ex or that the kids had lived there. Should I tell her this stuff?
Second opinion
 
secondopinion said:
Thanks for you're imput. Can I postpone this?
Hello, did not get a lawyer, thinking about not even showing. They can't make me sell my house in this economy and my boyfriend was never mentioned in the papers so I should be okay right?
It's set to go this Friday at 8 a.m. I don't even talk to my ex- but I told my son when he visited and he said he didn't want to hear anything about it. Is that a bad sign?
Thanks,
Second opinion
Click to expand...

I agree with luvs.

If you don't attend the hearing, then you lose by default. The court CAN make you sell your house in this economy. I'm interested in knowing whether your divorce decree states that YOU can stay in the house until your son graduates, or whether the custodial parent can stay in the house until he graduates.

Also, you should not discuss this with your son. That puts him in the middle, it's not fair to him, and judges don't like that.
 
I guess I can stay

Hi again,
The original divorce degree says the lien doesn't have to paid unless I die, re-marry or my son becomes 18 or graduates from high school whichever is later. My ex's lawyer states that the reason it says that is not to put undue pressure on the person raising the child and since his client is now raising the child, he should have access to these monies.
 
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