Legal Question in Family Law in Connecticut
Divorce Time
I have been married to my wife for 7 years. We bought a home 6 years ago. Since January 09, i have agreed not to stay in the house. Only work there from 9-4 M-F and stay every other weeked with my son at the house. Based on that our divorce date is May 16 2009. I have been paying her $2800 a month (1 child and most of the bills) to protect my share of the equity in the house. However, I filed a motion for remodifaction to reduce that payment since I no longer what to be here during the week and she addmitted to being in a relationship. Her attorney came back and filed Pentente Lite for Sole custody, joint debt, exclusive poss of the home, child support and alimony. She wants to stay in the house and have me pay. Can the court order her to put the house up for sale before our final case management date? And can I walk away from this just paying child support. I make $100K she makes $40K p/year.
2 Answers from Attorneys
Re: Divorce Time
First of all, was there a court order pendente lite requiring you to pay the $2800 per month or did you do it voluntarily?
Why does she want sole custody?
The court generally doesn't have jurisdiction to force the sale of the house prior to the final dissolution.
I can't answer your question re: can you walk away with just paying child support, because I don't know enough about your case.
Why don't you see an attorney? You are taking a huge risk in this case by representing yourself.
Re: Divorce Time
You do not say whether you have a lawyer. You certainly have enough issues going on that you should hire an attorney to help you protect your rights if you are unrepresented.
To answer your questions generally:
The court can order the house to be put up for sale. However, because you have at least one child, and because the housing market is so slow, a court will be reluctant to order that the house be sold unless neither of you can afford to leave there by yourselves. There are other arrangements that can be made to divide the equity in the home.
There is a reasonably good chance that a court may order you to pay some alimony. More information would be required, particularly how much you will be paying in child support and whether your wife can earn more than $40,000.
If you would like to speak to a lawyer, please call me at your convenience (860.236.9350 office; 860.977.0660 mobile - no fee for initial consultation).
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