Legal Question in Family Law in Michigan
Deadbeat Husband
I am looking to divorce my husband of 8 years. I am the primary income and have been for the last 7 years because he will not work more than part time because he does not WANT to. (He has the opportunity, just refuses to.) I am certain that he will not contest me getting sole custody of our two children, and I am financially secure and able to support the three of us with no issues (I have been supporting all 4 of us for 7 years). I am not concerned about child support because no longer being married to him I actually lose a dependent (although I know better than to blindly waive rights to child support) but I am worried about having to pay alimony. I don't want to, obviously, because he did not make any contributions to our household - monetary or otherwise - and I don't want to reward that. How can I ensure that doesn't happen?
As well, I would like to take the opportunity to relinquish the house to him (it is in both of our names but he's never paid a dime toward it) as I'd like to move to a different nearby area for the schools. He won't be able to afford the payments - but I don't want it and due to the market it won't sell. My credit score is 794. Any tips on how to offload the house without killing my credit?
1 Answer from Attorneys
Re: Deadbeat Husband
I think that it is unlikely that you will have to pay alimony. I have handled several similar divorces, and my clients haven't had to pay alimony on such a short term marriage.
But sole custody will be harder than you think. And getting your name off the house will be hardest of all. The mortgage company is not bound by the divorce judgment. Even if the judgment says he should pay the house payment, if he does not, the mortgage company can still look to you.
You may be better off keeping the house and having him move.
Call me if you would like. I will be in all of Monday.
-Tom
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