Hi all...thanks for the replies. I went to see the B atty this AM and as posted earlier...I am NOT a candidate for Chapter 7 but WOULD BE for 13 if needed. HOWEVER, he asked me if I wanted to 'piss off' the judge by doing away with his orders (staying an order to pay by filing for B).

No, obviously.

He told me that if the creditors begin knocking (which they haven't yet as I am making all the bills)....then they can sue for payment and act by placing liens on the home. He began to talk about urgently making a settlement...give her the house..work the $17K legal fees into it and get a credit on future payments etc by turning over my half of the equity. Once the house is transferred....should I not be able to make bills....we could do Chapter 13.

If...STBXW gets the house, she is responsible for paying the mortgage and all carrying charges. In my area, without other consideration, it costs between $75-100K a year to support our house. STBXW, as you know, works PT at $30K per year. I have no clue how she will pay for it unless there is a hidden sugar daddy/BF who will or ? her parents pay for it or move in. This would exhaust their retirement/pension.

To KerryK..she asked me some questions. I frequently ask the kids what they want to do or where they want to eat or what they want to eat....etc. Creates conflict between the two and she wants me to limit democracy. Also, she wants me to lower the boom on them ...not be afraid to discipline them....even in the face of the pain they've been suffering with D. I DO do this but she wants me to be consistent.

Anyway...the B atty asked me to have my L call him...that he will work with her to help set up some financial stuff (made me more comfortable)...recommends getting this done (although he said over and over that he does NOT do marital and wants no part of it....hey buddy, I hear ya, lol). Gave that number to my L today.

Feel more comfortable.

FIB

Me 55; XW 47; 2 kids (S13, D11)
Bomb 05/19/06 Original thread http://tinyurl.com/yg2ou2t
Last anniversary 04/25/10, Divorced 5/12/10
Status: Loving father of 2 beautiful children;