Am I making a mess with CS?
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| Thu, 06-02-2005 - 4:16pm |
Basicaly, my ex owes me twice a year a payment off the equity of our home which he got to keep soley because he refused to move or sell it and I wanted out fast. He made his first payment on time. Each month I pay him CS of $250ish. This month I sent him the regular list of shared expenses for him to reimburse half, and said I'd like to transfer his equity check, shared expense check and my CS at the same time. His response was to accuse me of everything in the book (email after email of verbal abuse), reject half the shared expenses (I'm talking basic dental visits) and say he would pay sometime in the next 2 months. I had a clause put in the divorce agreement that says if he doesn't pay the equity after 60 days the entire amount becomes due. Now he says that it's a 60 day grace period and he doesn't have to pay for 2 months.
I received information to CA state custody law and know he can't take action against me unless I'm 31 days late. I have paid every payment the past 10 months during the first week of the month. At this point I told him that I was happy to pay him whenever he was ready to transfer his checks too and he's declared a war on me.
Anyone have any experience or knowledge with this kind of thing? He's hiding half his income because he's self employeed and pretty much refused to work during our marriage which is why the CS payment. I'm not worried my children will go without food by not paying. But I don't want to cause myself legal trouble. I do want to make a point that he can't mess with the equity payment. Right now i think I'm just assuring he'll not pay until the 59th day though...

If you have a court ordered payment..... that has nothing to do with his court ordered agreement with you.
Your best bet to to fulfill your end of the deal to keep yourself out of hot water, and pursue separate legal action against him for his default.
Karen ~ wildlucky4me
Karen ~ wildlucky4me ~