Timeshare And Support Modification

Summary

In Indiana, you can address timeshare ownership and child support modification simultaneously. Consider filing a motion that includes both issues, especially if your ex-spouses financial situation has changed. Document all financial transactions and living arrangements to support your case. Courts prioritize the childs best interest, stability, and the primary caregivers role. Occasional overnight stays with a partner are generally acceptable if children are supervised. Your 21-year-old sons assistance should not negatively impact custody. Consult a family law attorney for personalized guidance and to ensure all legal aspects are covered.

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Ex spouse and I legal own timeshare. It was not specifically addressed in divorce other than saying all accounts need closed. Ex agreed he would list timeshare for sale. It has been 4 years, to share not sold yet. Ex spouse has claimed the full mortgage exemption on his taxes.
Hi Renee! To address this issue, you might consider the following:
- Property Settlement: You may need to revisit the divorce decree to address the timeshare specifically.
- Tax Issues: Discuss the mortgage exemption with a tax professional to understand your rights.
- Legal Action: You might need to take legal action to enforce the sale of the timeshare.
Have you spoken to a lawyer about this issue yet?
Not yet. I stopped paying my half for it in * because he had used all available points until *. I didn’t think it was right of me to be paying *% of a timeshare I was not evwn able to use because he used it. ex spouse has seems to believe that since he pays for it, it is *% his right to all
Renee, it sounds like you have a strong case for legal intervention. You might consider:
- Revisiting the divorce decree to address the timeshare specifically.
- Consulting a tax professional about the mortgage exemption.
- Seeking legal advice to enforce the sale or address the timeshare usage.
Have you considered contacting a family law attorney in Indiana?
owversip
It seems like you need to address the ownership and usage of the timeshare legally. Here are some suggestions:
- Consult a family law attorney to revisit and modify the divorce decree.
- Discuss your tax concerns with a tax professional.
- Consider legal action to enforce the sale of the timeshare or address ownership and usage rights.
Have you looked into finding a family law attorney in your area?
Considering filing a motion in conjunction with support modification because he has recently acquired 2nd residence.
Renee, you might have a strong case for modifying support and addressing the timeshare issue. Here are some steps you could consider:
- Support Modification: File a motion to modify support due to your ex-spouse's change in financial status.
- Timeshare Issue: Consult a family law attorney to address the sale and usage of the timeshare.
Have you gathered documentation regarding the timeshare and your ex-spouse's new residence?
Can the timeshare be addressed same time as child support
Yes, you can address the timeshare issue at the same time as child support modification. Here are the steps:
- File a Motion: Include the timeshare issue in your motion for child support modification.
- Document Everything: Gather all relevant documentation about the timeshare and your ex-spouse's new residence.
- Consult a Family Law Attorney: They can help you merge both issues effectively.
Have you started preparing the necessary documentation?
Mainly because I suspect he is not disclosing all his income. In *, he reported that his gross income $*/wkly. He currently pays $*/mth and $*/mth for two townhomes; pays for the timeshare , has car payment and pays $*/biwkly on child support. Seems odd that he can afford all this and withhold money from his kids because he “pays for the timeshare “
Renee, it seems like you have a strong case for addressing both the child support modification and the timeshare issue.
Have you started gathering all financial documents and evidence regarding your ex-spouse's income and expenses?
Yes
Renee, it seems like you have a strong case. Here are a few things you can do:
- File a Motion: Include the timeshare issue in your child support modification motion.
- Document Everything: Gather all financial documents and evidence on your ex-spouse's income and expenses.
- Consult a Family Law Attorney: They can help you effectively address both issues.
Would you like information on how to find a family law attorney in Indiana?
Afraid that he will try to take custody if I take him back. When I tried to talk about the recent 2nd home, his response was take me back to court, I’m not talking about it.
Renee, addressing both the timeshare and child support issues together is a good strategy. It is understandable to be worried about custody, but courts prioritize the child's best interest. Document everything and seek legal advice.
Would you like information on how to find a family law attorney in Indiana?
We have joint legal custody, but I have had primary physical (*%) for the last 4yrs. No major changes have occurred and boys are doing well in school, church and friendship. Ex husband seems to think he has the upper hand for some reason.
Renee, given your primary physical custody for the past 4 years and your boys' stability, it's unlikely the court will change custody without a significant reason.
- Documentation: Ensure you have all records of the boys' well-being and your ex's financials.
- Legal Advice: Consult a family law attorney to address the timeshare and child support issues.
Would you like information on how to find a family law attorney in Indiana?
What would a court determine as significant? Ex spouse seems to think his 2nd residence closer to us “improves their experience”. Even though I said that it doesn’t automatically increase his visitation.
Renee, courts typically consider the following as significant when determining custody:
- Child's Best Interest: Stability, well-being, and current living situation.
- Primary Caregiver: The parent who has been the primary caregiver.
- Significant Change: Substantial change in circumstances, such as financial stability or living conditions.
Does this help clarify your situation?
So ex spouse is assuming because he makes more money that will award him more visitation?
Renee, making more money alone doesn't automatically grant more visitation. Courts prioritize the child's best interest, stability, and current living arrangements over financial status.
- Child's Best Interest: The court will look at the overall well-being of the child.
- Primary Caregiver: The parent who has been the primary caregiver often has an advantage.
- Stability: Courts value stability and consistency in the child's life.
Do you have any concerns about your children's well-being with the current arrangement?
The boys (15yrs, 14yrs) live in 3bdrm apartment with their older brother who is 21y. Is that acceptable in the court
Renee, the court generally prioritizes the children's best interests, including their living arrangements. Boys aged * and * living in a *-bedroom apartment with their older brother is typically acceptable, as long as they have a stable and supportive environment.
Would you like more information on what factors courts consider in custody cases?
I live with them of course too
Renee, since you also live with them, it strengthens your case for maintaining primary physical custody. Here are some factors courts consider:
- Stability and well-being of the children.
- Consistency in their living arrangements.
- The primary caregiver's role.
Would you like guidance on how to file a motion for support modification and address the timeshare issue together?
How do I defend myself if my ex claims that I “live” with my boyfriend which I do not.
Renee, here are some steps you can take to defend yourself against such claims:
- Document Your Living Situation: Gather evidence like lease agreements, utility bills, and any other documents showing you live in the apartment with your children.
- Witness Statements: Obtain statements from neighbors, friends, or family members who can confirm your living arrangements.
- Legal Advice: Consult a family law attorney to help you prepare a strong defense.
Would you like guidance on finding a family law attorney in Indiana?
Is it wrong that I may stay all night with boyfriend occasionally. When I do, boys are never left unattended without myself or their brother 21yr old brother. It’s never for more than one night. My boyfriend and I have been together for 3yrs.
Renee, staying overnight with your boyfriend occasionally is not inherently wrong, especially since your children are never left unattended and are with their *-year-old brother. Courts generally consider the overall stability and well-being of the children.
Would you like more information on how courts view overnight stays in custody cases?
My 21yr old son actually helps more than their father (noncustodial) with extra expenses and housing. Will that negatively affect my custody
Renee, your *-year-old son's assistance shouldn't negatively affect your custody. Courts focus on the children's best interests, stability, and primary caregiver's role.
Would you like more information on how to address this if it comes up in court?
Yes
Renee, here are some steps to address concerns about your *-year-old son's assistance:
- Document Support: Gather evidence showing your son's financial and emotional support.
- Highlight Stability: Emphasize the stable and supportive environment you're providing.
- Consult an Attorney: Get legal advice to ensure you're prepared.
Would you like guidance on finding a family law attorney in Indiana?