Legal Question in Family Law in Florida
I have been divorced for 3 years. We had an uncontested divorce in front of a magistrate and agreed to split everything 50/50. We continue to own active rental properties. The various mortgages are all in my name only, while the titles are in both our names. We agreed to split the ongoing rental expenses 50/50. And upon sale of a property split any profit 50/50. Now that the housing market has tanked and any profit in these houses has evaporated, she says she is walking away from it and isn't going to pay her expenses any longer since her name isn't on the mortgages. (I believe she thinks her credit won't be affected, is that correct?) I cannot afford to carry the rental expenses by myself. I currently have accrued over $1,000 in expenses that she refuses to pay her half on and it's only been a month. Her forcing these additional expenses onto me directly impacts my ability to pay my child support and alimony.
She also is threatening that she now has a pro bono family law lawyer who will "clean my clock" if I take any legal action against her over this including seeking sole custody of our children and additional alimony. (She knows I cannot afford to hire a lawyer). Any advice is welcomed, I'm on the edge of financial collapse and don't know what to do.
1 Answer from Attorneys
My advice is based on my understanding of the facts detailed in your inquiry; however, there may be important details which affect the advice. First, your primary concern must be payment of child support; a court will not forgive your failure to pay child support. Second, if she refuses to pay expenses on rental property, she should not share in the rental income. If the rental income won't exceed the expenses and the the mortgages exceed the fair market value of the properties, there is little reason to keep them. Third, you are advised to discuss in detail with a lawyer who can advise you regarding the post-settlement options to revise your marital settlement agreement. Fourth, her actions will not likely affect her credit rating since she is not a mortgage holder; however, that is not a critical legal issue in your situation. Fifth, if you pay child support and display a desire to retain parental rights, you can likely retain joint custody; her threats to clean your clock and gain sole custody are not likely based on her lawyer's counsel but on her emotional reaction. Talk to a lawyer regarding your legal options and financial issues.
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