Legal Question in Family Law in New York

Sale of marital home

I was ordered by the court to pay the mortgage on the marital home until it was sold. It is on the market but my ex-wife continually cancels appointments with real estate agents who want to show it and I do not reside there so am not able to show it myself. It was shown once and the potential buyer made a full price offer. I signed all the necessary paperwork but my ex-wife did not and the potential buyer decided to ''keep looking'' due to the delay. What steps should I take to begin paying my child support payment rather than the mortgage payment. The mortgage payment is almost double than what I should be paying for child support.


Asked on 11/11/03, 9:26 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Sale of marital home

You must return to court to advise the judge of the circumstances. Do not act on your own without getting a modification of the court order. Since your ex-wife is frustrating the order of the court, your ex-wife may be penalized. Our firm handles this type of legal work if you wish to have a consultation (please visit our web site listed below).

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Answered on 11/11/03, 9:31 pm
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Sale of marital home

Go back to Court and get a modified order.Dont stop payment before a judge modifies the order. When you go back have a proposed order you will like the judge to sign including sanctions or an order setting out specific times when access must be available,or whatever is reasonable to resolve the problem

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Answered on 11/11/03, 10:10 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Sale of marital home

You are not alone. This kind of 'acting out' is very common after divorces. Further, the law can help you.

First, get some kind of record of her behavior. A list of missed appointments, letter from the realtor, that sort of thing. Document the problem.

Second - mke a motion on notice to the court to modify/change the divorce order. If you document properly, the court will do this.

If you take matters into your own hands and change your payments before the court gives permission, then you will lose. Avoid self-help remedies!

This is a regular problem post-divoce and the court will be understanding.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/13/03, 5:40 pm


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