I filed a year ago for divorce and we've still not even signed a settlement agreement. He has not paid the mortgage which is resulting in foreclosure of our home in three weeks, he has not paid our school taxes and they are due today, he has not done our last year's income taxes yet, he has made himself virtually invisible to our two grown children. I've missed work due to mental anguish, and now due to the pending foreclosure, my credit rating which wasn't half bad is now shot. He has not contributed to any of the household expenses nor given me a single cent since this started one year ago. I make one quarter of what he makes. Can I sue him for any of this? His lawyer drags her feet as much as possible it seems and isn't working with him much. My lawyer waits for them to answer. Thank you in advance. New York State is my location.
Oh, and he has not lived in the house since Feb. of this year...he is living with his girlfriend.
2007-10-15 09:09:04 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He has not paid the mortgage which is resulting in foreclosure of our home in three weeks, - Since he does not live there and you don't have a court order requireing him to pay it you may be out of luck here.
he has not paid our school taxes and they are due today, - See above
he has not done our last year's income taxes yet, - Then file a seperate return, he may have already done the same. You are just as responsible for filing taxes as he is.
he has made himself virtually invisible to our two grown children. - As they are grown, this is an issue between him and them. You do not have standing to do anything about it. There is no law that keeps him from walking away from adult children.
I've missed work due to mental anguish, - Hard to say on this one, however since some of your anguish concerns his relationshop with your adult children I would think this won't hold up.
and now due to the pending foreclosure, my credit rating which wasn't half bad is now shot. - Again, he was not ordered to pay these expenses. If you had paid them the court might order him to pay you back 1/2 since you are both on the mortgage
He has not contributed to any of the household expenses nor given me a single cent since this started one year ago. - He does not live there, you don't have a court order requiring him to.
I make one quarter of what he makes. Can I sue him for any of this? - Sure, however you will need a real good lawyer to get anywhere with it. Your claims are all based on him not doing something he was not ordered to do.
His lawyer drags her feet as much as possible it seems and isn't working with him much. - Time is on his side
My lawyer waits for them to answer. - Maybe he needs to file somethings for you instead of waiting.
2007-10-15 09:22:10 · answer #1 · answered by davidmi711 7 · 0⤊ 1⤋
Your lawyer had to file the motion that forces your husband to pay the mortgage and living expenses BEFORE the settlement is signed. Did he do it ??? You need to sue your lawyer for negligence.
2007-10-15 09:28:09 · answer #2 · answered by OC 7 · 0⤊ 1⤋
I think this issue is not with your ex - it is with YOUR attorney not pushing the ball ahead!
If a court has not ordered him to make these payments he is not compelled to do so.
His relationship with his grown children is not germane to the discussion as they are adults
I think the only really pending item of a legal nature would be the tax return - and you are as on the hook there as he is!
It is almost too late to fire your attorney - although certainly I would be on the phone today trying to get them off of square one.
2007-10-15 10:00:22 · answer #3 · answered by roadrunner426440 6 · 1⤊ 0⤋
you can sue him for all the money you've had to use to support him and the children since he disappeared. I don't think you can add to mental anguish..It has to be something physical. You can sue him for child support and sue him for the school bills, the house bills and anything else AS LONG AS YOU HAVE PROOF!!!! If you can go to a psychologist they can help you in suing him for mental anguish...and then you could charge him for the therapy. You can also sue for your credit cards. REMEMBER! HAVE PROOF! Worst thing that can happen is that it goes to trial.
2007-10-15 09:22:35 · answer #4 · answered by Dinchan 2 · 0⤊ 2⤋
Ask your lawyer or get another one.
2007-10-15 09:12:33 · answer #5 · answered by baby1 5 · 2⤊ 1⤋