Legal Question in Family Law in California
I am giving my soon to be ex-wife half my check (by court order) and she says she can't pay the mortgage. I gave her an excel sheet adding up her half of debt obligations and utilities amounts (due per month) for the home she lives in (I live in the 2nd home) with the children. At the end of the month she is left w/ $1200 for food and gasoline. She spends without thinking---shops at TraderJoes instead of a cheaper alternative, doesn't go BigLots or .99 Cent store, etc... She is not frugal and spends excessively. Is there an order/stipulation I can file with the Los Angeles Superior Court to make her at least pay for the mortgage (the house is under both our names and I don't want issues w/ the bank)? Our pre-trial conference is in two months and mediation is next week---I am a Legal Document Assistant ~Paralegal, and new to Family Law.
1 Answer from Attorneys
It's not really your concern if she can't pay her mortgage. So long as you are paying your court ordered support amount. The only issue that would arise is if she defaults on the mortgage which your name is on. If that were the case, I would ask that the court order her to refinance the property to remove your name from the mortgage. If she can not handle the costs then the house should be sold and the assets divided.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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