[salidumay]

Hi! My ex-husband to -be filed an uncontested divorce. However, I have some issues first before I sign the papers. He could only give me 700 dollars from his 2900 paycheck. 700 dollars for two kids. This is because he would want to protect a monthly mortgage of $1700. You see, We bought the townhouse from my mother in law as she bought her new (2nd)house. This townhouse that we live in now is still under her name though. She and my ex-husband refied last year and the mortgage payment was now BOTH under their names. The refied was done last September 0f 2007. I want to leave him taking my two kids with me. I told him to give us a headstart as I have been a domesticated mom for five years here in States. He said I couldn't do anything with it since the title is still under his mom's name. But I think I do have a right . I am fighting for my kids right as the refi is under both of their names, not just under my mother-on-law. Do you think I have the right here. I would not want the whole equity (of like $150,000 at least) but just a headstart and some college fund for my kids. I don't want it losing over another woman and my kids having with nothing in the end.
Can I contest this? Do I need a good lawyer for this? I also would not want losing the townhouse because he might not afford the child support and mortgage. But I find it so unfair that he would be living there comfortably while me and my kids are cramped in a 600 sq studio . Tell me if I have a case for this. Thank you.:confused:

[twinkiedooter]

You must get an attorney to handle this for you as this can become quite complicated if you don't. Don't delay doing this. The lawyer will handle the contesting of this divorce and make sure you get the proper child support amount due your kids each month. It also depends on what state you are in whether you can get any of the equity of the townhouse also. Please consult with an attorney. He can also ask for your attorney's fees to be paid in this divorce also so it should not cost you the entire amount.

[Fr_Chuck]

Then don't sign and this will not be a uncontested divorce,
What you are not agree on is support issue, so you get an attorney, he gets an attorney and you fight over it. Child support is normally done from a state formula from incomes,

[George_1950]

You are in the U.S. Most states recognize either community property or equitable division of assets, which means that you can claim 1/2 of the equity in any property that either you or your husband own. Your case may be complicated to some extent by his mother's ownership. You should retain a lawyer and request your husband to pay for your legal expenses as well as alimony, child support, division of property (to include equity in real estate and his pension or 401k). He may not love you any more, but he will respect you.

[talaniman]

Don't sign anything, without a consultation with a lawyer.