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1966 - 912 - SOLD
Join Date: May 2008
Location: oak grove, OREGON
Posts: 3,193
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yet another question for those with knowledge of law
so here is the brief...
girlfriends ex husband has $50,000 balloon payment for property that was split in the divorce that he wanted to keep so he was ordered to make REGULAR monthly payments for five years with the remainder due at the end. over the last year he has not made one payment onetime, and is now asking for the balance to be extended over the next five years as monthly payments. she is not happy about this and i have told her that the only way she should agree to this is if there is a contract stating that if she has to take him to court for a missed payment he accepts ALL legal fees and the balance is then due in full. so that being said, does she have to prove he has assets that could be liquidated to pay the bill if he claims financial hardship?
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i was too tired to be pretty last night! |
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09-09-2010, 08:46 AM
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Platinum Member
Join Date: Jul 2001
Location: Leave the gun. Take the cannoli.
Posts: 20,935
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His problem, He made the agreement during settlement. He should borrow against property to make the balloon. If he's been late, does she really want to deal with this for 5 more years or get over it and move on with life?
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09-09-2010, 09:31 AM
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1966 - 912 - SOLD
Join Date: May 2008
Location: oak grove, OREGON
Posts: 3,193
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no she doesen't
at this point we have to serve him to get him to send a payment and that is getting expensive. thus the "pay all legal fees" clause if she has to take payments
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i was too tired to be pretty last night! Last edited by lane912; 09-09-2010 at 10:47 AM.. |
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09-09-2010, 10:43 AM
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AutoBahned
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cheap way to do this is to see if your state or county court system has an advocate that will help her -- they might if this involves child support
the most effective way to do it is to hire a good local divorce atty in your town (not his if he live elsewhere) I can tell you of a couple of attys with good reps in Eugene but am not familiar with this area of law, or with PDX, if she is where your sig. says you are. Oregon HAS been cracking down on deadbeat dads recently; unsure re this situation. |
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09-09-2010, 11:44 AM
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