Legal Question in Family Law in California
Spousal Support
My spouse is residing in the family resident that I left. I went to court to try to get the house on the market because she could not afford the payments. She is umemployed. When we went to court the judge said we could not put the house on the market as long as my spouse made the payments. She has not made the payments for three months so the house is about to foreclose. Can I deduct the house note from the spousal support and make the mortgage payment? A friend of mine said he did deduct the payment from the spousal support after his spouse got behind. If I can legally do this then I can make the payments on the mortgage. Please advise. Thanks
4 Answers from Attorneys
Reply: Spousal Support
In a general sense, deducting the house payment from spousal support is not a good idea. The better approach is to go back to court and seek a modification.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Spousal Support
If your ex is not making payments, it is time to go back to court and propose that the house be put on the market or, as you suggest, that a portion of spousal support be paid directly on the mortgage. I suggest trying to reach an agreement with your ex beforehand.
Re: Spousal Support
I strongly suggest that you comply with court orders and do not take advice from friends whose advice, although well intentioned, may cause you harm.
If the house is about to go into foreclosure, then get into court immediately on an ex-parte basis to have the court allow you to offset your spousal support against the house payments. You should also seek an immediate order to have the house listed for sale. Absent good cause, the court will likely order the house sold - althogh perhaps not on an ex-parte basis.
There is a lot of money at stake in real estate and I therefore strongly advise that you retain competent family law counsel to represent you - the legal fees will be money well spent.
Best Regards, Damian Nolan
Re: Spousal Support
No you cannot make the payments and deduct it from spousal support. If, the judge said you cannot sell the house as long as she makes the payments and she is not making the payments you can file another motion asking for the sale. You can also move your case to trial as the judge will make a sale order at trial. Good Luck, Pat McCrary
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