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  • Need advice/ideas regarding a big decision

    Hello all. This is a very informative forum!

    I'll apologize in advance for the length....

    I'm a single mother, age 40, with a 10 year old son. In 1999, I moved to my current city to be with my now ex-husband. Prior to moving here, I was in a management position, making decent money. I was debt-free and had an excellent credit score. I was completing my last year of undergrad work and was researching grad schools (for MBA or law).

    My now ex-husband convinced me to move here and help him with his business (he's a chiropractor). He promised me I could finish school and that he would be supportive.

    We got married and I moved down here. Then he told me we "couldn't afford" for me to finish school, and encouraged me to pursue a less expensive education in something related to chiropractic so we could work together in his practice. In hindsight, I should have left him for lying to me. I got pregnant pretty quickly after we got married (which I will never regret, of course). I ended up getting a "degree" from an online holistic school, along with personal training and hypnotherapy certifications. We bought a home to live in, and after a couple more years, we bought a second home that we renovated and had rezoned to be a wellness center. The deal was that I would have my office in part of the house, and he would use the rest for his practice. I should add that we bought the second house solely in my name - he couldn't get approved due to his credit and student loans.

    After WE completed the renovations on the new office, he informed me that he "needed all the space" and that I'd "have to find somewhere else to work". That, after I gave up my great job, grad school, and moved to a strange town almost 4 hours away from my family to work in his office for several years as his office manager.

    We'd been having LOTS of relationship issues prior to that, but that was the straw that broke the camel's back - I felt so betrayed and duped by him that I filed for divorce.

    I worked for him for the 5 years before we split, so I was left without a job AND facing divorce.

    When we got divorced, we used one attorney (I couldn't afford my own, as he had essentially "fired" me). My ex promised me he'd be fair and I fell for it. I really wanted to keep the house we were living in, and he wanted to keep the office-house. I signed the office over to him because we hadn't owned it long enough to make a profit from a sale. He said he'd pay the mortgage on the residence for a year if I didn't ask for child support or alimony - after that, I'd have to take over the full mortgage (which I did). The divorce agreement also said that as of July 2009, I'd have to buy him out, or we'd have to sell and split the profit. I agreed to NO child support and no alimony (due to not having an attorney to help me) because I wanted to keep the house so badly. Huge mistake.

    I received an accident settlement, which I used to pay the mortgage when I had to take over the payments. That money has run out, and now I can't afford the house on my income. I knew that I wouldn't be able to afford the house much longer, so we put the house on the market last year.

    Well...in this market, I'm not sure when (and if) the house is going to sell. We took it off the market for a few months, and just put it back on a few days ago. To add to the problem, my neighbor's house is in foreclosure, and the bank just listed it for around $70k less than mine (it is smaller, with a smaller lot).

    We owe $150k on the house. The appraisal says it is worth $225k. My ex wants to split the profit if/when it sells, but I've paid more and will fight to make sure the profit is split accordingly.

    I've been back in school for 2.5 years. I'll be an RN in about 14 months. My income will increase significantly when I'm an RN, but until then, it's going to be a hard struggle. I've maintained a high GPA and am on the Dean's List. I'm working very hard to get where I want to be - I work 40 hours a week and volunteer in a hospital ER for four hours every Saturday. I've been looking for a better-paying job for two years - there just aren't any around here. The company I work for had massive layoffs last summer, and thankfully I was not let go. The job market in this area is terrible (resort town - no big cities or big companies,and not many government jobs).

    My problem is this: I can't afford the mortgage right now, and I'm tired of fighting with my ex-husband about it. I could ask for child support (and I'm sure I'd get it), and that would help a lot. I really don't want anything from my ex, though. He makes around 4x what I earn. I pay for health and dental insurance for our son, even though the divorce agreement says he is supposed to cover it. He's awful to deal with and makes my life miserable.

    I've thought about moving back to my hometown. I could live with my sister (she's single, no kids, and has a huge house, and has already offered) for the 14 months it would take me to finish nursing school. I'd work and pay rent, of course. Also, my sister and father are well-connected, and I'd have no problem getting a job paying 2-3x what I make currently. I also could work-part time and go to school full-time (to finish faster) if I moved in with her.

    I know my son would want to come with me, and I don't think my ex would have a problem with it (he has a son from another relationship who lives 4 hours away).

    The way I see it, my options are:
    1) Stay here and continue to struggle with my ex and the mortgage, and argue about my inability to pay the entire amount EVERY month, and continue to listen to him threaten me about how much I'm going to "owe him" when the house sells
    2) Move back to my hometown, and continue to pay my half of the mortgage until the house sells, and make more money, and maybe finish school faster

    Unfortunately, the car accident I was in (hit head-on by a reckless driver) caused me to have to buy a vehicle. Mine was paid in full, and was totaled in the crash. I bought the safest used vehicle I could afford. My attorney valued my case @ close to $100k (broken bones, etc). I won't say how much I actually got, but it was less than 1/4 of that estimate.

    Aside from the car loan, I have very little debt. I have one cc with a balance of around $400, and one loan @ $150 a month. The loan balance is $3000. I'm normally very responsible with my finances and can't believe I let myself get sucked into this mess.

    I'd really appreciate any ideas or advice. Thank you in advance.

  • #2
    You REALLY need to speak with a qualified attorney in your area. If you get nothing from my post, PLEASE do that.

    Mortgage payments made to a former spouse are alimony.

    If the house is only in your name (have lawyer check) then you are entitled to 100% of the value of the home upon sale. He gets none of it because he owns none of it - and I don't care what he tells you. The house is yours, and so is the profit. And since the guy doesn't have to pay any child support (when he really should) he should not get any of the sale proceeds.

    If you've determined that the house is only in your name, then sell the home and do whatever you want. The further you get from this guy, the better IMO.

    And if you were awarded custody of the kid - he goes with you whether the Ex agrees or not.


    Having said that, you have made some terrible mistakes and I'm not a qualified lawyer to tell you whether there's a way to fix them or not. You really need a good lawyer of your own.

    Comment


    • #3
      jpg7 has given you important advice. 1st you need a good divorce attorney. You married a bully and followed his orders. You say you are tired of fighting but you need to be v/strong to ignore his threats and demands if you wish to carry out your plan. By all means move to your sister's where you have family support...as soon as the house sells. Be prepared for lawyer contingency fees, divorces are expensive. Do not use your husband's lawyer or anyone he suggests.

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      • #4
        If you are already in that nursing program, I'd say stick it out for 14 months and finish it so you can get a job that does not rely on the good graces and connections of your sister or father.
        "There is some ontological doubt as to whether it may even be possible in principle to nail down these things in the universe we're given to study." --text msg from my kid

        "It is easier to build strong children than to repair broken men." --Frederick Douglass

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        • #5
          Thanks for your responses.

          To clarify: We are already divorced, so at this point the only thing I can change is child support.

          The house we still own together is the residence, not the office.

          I'm definitely still going to nursing school - no matter what.

          My main issues are not being able to afford the house, and deciding whether or not to move back to my hometown. I'd go to nursing school there if I decide to move. I was thinking that I'd consider moving back here after I'm done with school.

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          • #6
            Oh, and my ex does not give me checks for his part of the mortgage - we each send the mortgage company a check for our part. Neither of us pays the other anything.

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            • #7
              jpg7n16 has good advice and it should be your first step. I would also seriously consider moving in with your sister and continue your schooling. getting the degree should hopefully give you the ability to stand on your own.

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              • #8
                So you have not started nursing school yet? As you say 14 months, maybe you are finishing a bachelor's, and then going into an accelerated RN program. If you've been accepted into the program where you live now, stay there and go through the program. You cannot count on being accepted into all nursing programs (accelerated or not), nor can you count on being able to transfer into a nursing program in another city. Often there are lotteries for nursing school as there can be many more qualified applicants than spots in the program. On the other hand, if you have not yet been accepted, perhaps you should apply in both your present town and where your father and sister live. That could increase your chances of getting accepted somewhere.

                If your family can get you work in nursing, they will be able to do that after you finish school, too. If they can get you other kind of work at so much more pay, then are you sure you want to go to nursing school? I'm not seeing how the two possible goals fit together.
                "There is some ontological doubt as to whether it may even be possible in principle to nail down these things in the universe we're given to study." --text msg from my kid

                "It is easier to build strong children than to repair broken men." --Frederick Douglass

                Comment


                • #9
                  Originally posted by RN2B View Post
                  Thanks for your responses.

                  To clarify: We are already divorced, so at this point the only thing I can change is child support.

                  The house we still own together is the residence, not the office.

                  I'm definitely still going to nursing school - no matter what.

                  My main issues are not being able to afford the house, and deciding whether or not to move back to my hometown. I'd go to nursing school there if I decide to move. I was thinking that I'd consider moving back here after I'm done with school.
                  Wow you got screwed in the whole divorce proceedings then.

                  Let's see... he pays no child support, no alimony, he gets the whole office, and you split the house (which it was split anyways). What did you get???

                  If you cannot afford the house, you need to sell it.

                  Comment


                  • #10
                    Originally posted by Joan.of.the.Arch View Post
                    On the other hand, if you have not yet been accepted, perhaps you should apply in both your present town and where your father and sister live. That could increase your chances of getting accepted somewhere.

                    If your family can get you work in nursing, they will be able to do that after you finish school, too. If they can get you other kind of work at so much more pay, then are you sure you want to go to nursing school? I'm not seeing how the two possible goals fit together.
                    I've been accepted to the program here. You are correct - there is a chance that the programs back home have a waiting list, or I may not be accepted due to the lottery process. If that were to happen, I'd try to go straight for the BSN (which is my ultimate goal anyway).

                    The jobs my sister and father could help me get are not in the nursing field. Again, you are correct - those jobs pay so much that I might reconsider nursing school if I were to obtain one (but nursing really is my ideal career).

                    I'm weighing different options. I could move back to my hometown and possibly (probably) earn 2-3x what I'm earning now. I could attend nursing school part-time while working @ one of those jobs. Or, I could move back to my hometown and work part-time while attending nursing school full-time. If I leave the job I have now, I could use a combination of student loans and my 401k to survive on for that year, and just work part-time during school.

                    If you think my posts are confusing, try being inside my head right now. LOL Plus, I'm trying to type this during my break and am pressed for time.

                    Yes - I allowed myself to get a terrible deal in my divorce. I got NOTHING. I let my pride get in the way...I didn't want anything from my ex. After we split, I found out he'd been having an affair with his assistant - whom I hired when I still worked in his office.

                    Comment


                    • #11
                      Originally posted by jpg7n16 View Post
                      Wow you got screwed in the whole divorce proceedings then.

                      Let's see... he pays no child support, no alimony, he gets the whole office, and you split the house (which it was split anyways). What did you get???

                      If you cannot afford the house, you need to sell it.
                      I got nothing, and can only blame myself.

                      We've been trying to sell the house since last year.

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                      • #12
                        RB2B, your responses suggest you are still emotionally tied to EX carrying a ton of anger and resentment for promises broken 10 years ago. If you didn't still have feeling for EX you wouldn't give a hoot that he'd been messing with his assistant and likely others. Sadly your pride and anger got in the way of making a well thought out financial plan. Now is the time to change that.

                        If EX is paying part of the mortgage he owns part of the house or it is in lieu of alimony or child support depending on wording. Fact is you've only been married 11 or so yrs, and you agreed to work for spouse without a contract.

                        I offer the following suggestions for you to think about...
                        If you still have an opportunity to obtain child support, do so.
                        If you live near a college/university, try to rent space/bedrooms/share agreement to students. Offer room and board to international students, they are easy to please.
                        If his name is on the house, you could default on the mortgage and ruin both your credit standings.
                        Talk to the mortgage holder and see if there are any other options to lower payments. What gov't programs do you qualify for to assist homeowners who can't maintain mortgage payments? Finally, rent the house to cover mortgage payments and rent an affordable apt. for you and son. Your income has changed dramatically and you have to make changes to reflect difficult circumstances.

                        Be financially smart...Sell everything that isn't important for day-to-day life to get $$$. You can no longer afford cable, internet,cell,car payments, eating out etc. Drive a 10 y/o car that you can pay cash which also reduces insurance. Use free internet and entertainment at the library. Find out if you are eligible for food card or utility subsidies.

                        On the positive side, this is likely temporary until you finish your training or find some other occupation.
                        Last edited by snafu; 07-13-2010, 09:20 AM.

                        Comment


                        • #13
                          I think his assistant did me a favor - I asked him to go to marriage counseling with me for a few years. He wouldn't go, and after a few years I asked for a divorce. He didn't want it; said he wanted to work things out. I was miserable and he finally agreed to split, but I think that was because he was involved with her.

                          The only thing I resent is how he's treated me and that I've let him do it.

                          I was crazy to work for him - I guess when you're in love you think everything is going to be great. I was very wrong about him.

                          I really don't want to ruin our credit - I definitely don't want to foreclose or default on the mortgage. I just want him to be more reasonable. He wants me to pay at least 70% of the mortgage, yet he wants 50% of the profit when we sell. That's not fair. He won't negotiate with me.

                          I'd like to contact the lender about working out a lower payment for now, but the thing is - we are both on the mortgage, and I don't think my ex will be open to it (I've mentioned it in the past). He's not getting that I can't afford the full payment. Besides - I don't want to pay more than 50% if I'm not going to get a higher % back than he does when we sell.

                          I'm definitely going to be in a much better place financially when I'm an RN. I'm also planning on doing the 3 year BSN-MSN program to become a CRNA (nurse anesthetist). Then I'll buy my dream house on the beach.

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                          • #14
                            I know this is the time for you to make the big decision , the suggestion i give you is don't think too much , take a little time to consider what you need , then you will know how to handle it

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                            • #15
                              It's funny how being in a crisis can motivate you and inspire creativity and resourcefulness.

                              I came up with something that I think is going to help me out of my situation - and I think it is going to happen fast.

                              I'm starting a cleaning business. I don't know why I didn't think of it sooner. One of my ex-husband's patients used to work in an office and she hated it. She started a cleaning business and was able to quit her "day job" within a few weeks. Within a few months, she had to hire people because she was so busy, and she had a wait list. That was almost 10 years ago, and she's still doing great.

                              I'm very familiar with running a business, as I was the office manager for my ex-husband's practice for 6+ years. I'm getting the license next week and am looking into getting bonded and insured.

                              I'm excited. I think this is going to provide a way for me to supplement my income from my full-time job, and who knows - if I succeed, I may be able to quit my day job and do this while I finish nursing school.

                              What doesn't kill you makes you stronger huh!

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