Ex-to-be husband lives in free apartment. Isn't that part of income?

[dollfin]

What is the name of your state? California

I have been living seperate from husband for 1 1/2 years now. He lives in his mothers apartment building for free. The divorce summons papers which he initiated did not include the rental value anywhere, nor as part of his income. He will be paying spousal support of some sort, but I think the rent he is saving, should be included as part of his income. Am I right?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

I have been living seperate from husband for 1 1/2 years now. He lives in his mothers apartment building for free. The divorce summons papers which he initiated did not include the rental value anywhere, nor as part of his income. He will be paying spousal support of some sort, but I think the rent he is saving, should be included as part of his income. Am I right?

My response:

That's not "income." Normally, he'd be "paying" rent. If he's not paying rent, then the actual amount of money normally used to pay rent will stay in the disposable income, or the "PLUS", column - - which means more money to you; e.g., the judge will not take that "expense" into consideration when the overall picture of his income and expenses are computed when making a spousal support award. He's very ignorant for not stating the rental value in the "expense" column. Don't rock the boat !

IAAL

 

[dollfin]

"I am always liable":

I appreciate your reply. Please forgive my (1st divorce) ignorance, but I just need for you to clarify your response a bit. Do you mean that the judge will consider the free rent, to my behalf, in the end? Sorry, but really need some good news at this time. But, please reply either way! ty

 

[I AM ALWAYS LIABLE]

"I am always liable":

I appreciate your reply. Please forgive my (1st divorce) ignorance, but I just need for you to clarify your response a bit. Do you mean that the judge will consider the free rent, to my behalf, in the end? Sorry, but really need some good news at this time. But, please reply either way! ty

My response:

I want you to take another look at the "Income and Expense Declaration" form. You'll notice there are columns for both, well, income and expenses.

When making an order for spousal support, unless someone objects to a particular entry, all a judge really looks at is "the bottom line" in those columns. That's the "Disposable" income. If your ex-husband doesn't feel it's necessary, or doesn't know his "rights", to put the fair market value of his apartment in the "expense" column, then "the bottom line" of his "disposable income" is going to be larger - - correct?

So, when the judge makes an award of spousal support to you, the judge will be making that award based upon the larger "disposable income" column - - which by anyone's calculations, is going to be to your benefit. Anything that he fails to put in his "expense" column inures to your benefit !

Your ex-husband must be representing himself, right?

So, keep your mouth shut ! !

IAAL