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>I am in the divorce process in California. I retained an atty.. My spouse vacated our home in March & hasn't paid mortgage since
>leaving. I'm unemployed. My spouse & I have 50-50 physical & legal
>custody of our 2 yr. old son. By court order, non allocated monthly
>support, 1/2 of what child & alimony 5 months ago. 1st month - no check.
>2nd & 3rd month a check came but payable to the mortgage company. I
>wouldn't cash them & returned the checks. 4th month one check came in
>the amount of one month, payable to me, but annotated for mortgage
>payment - 60% of mortgage. I won't cash it. My atty. told me to cash it
>or he'll withdraw from representing me. I fear: 1) My spouse will try to
>claim mortgage interest deduction on taxes 2) My atty. is to file for
>spousal & child support. My spouse may claim it to be lower due to a
>partial mortgage payment 3) Losing representation 4) The unknown!
questions:
My atty. said the annotation is meaningless. True or not? Should I cash it or not?
My atty. initially threatened a contempt of court citation on opposing counsel, but now threatens he'll withdrawal from representing me if I don't cash it. Why? What do you think of my atty.?
>Thank you for your help.
>
>
>leaving. I'm unemployed. My spouse & I have 50-50 physical & legal
>custody of our 2 yr. old son. By court order, non allocated monthly
>support, 1/2 of what child & alimony 5 months ago. 1st month - no check.
>2nd & 3rd month a check came but payable to the mortgage company. I
>wouldn't cash them & returned the checks. 4th month one check came in
>the amount of one month, payable to me, but annotated for mortgage
>payment - 60% of mortgage. I won't cash it. My atty. told me to cash it
>or he'll withdraw from representing me. I fear: 1) My spouse will try to
>claim mortgage interest deduction on taxes 2) My atty. is to file for
>spousal & child support. My spouse may claim it to be lower due to a
>partial mortgage payment 3) Losing representation 4) The unknown!
questions:
My atty. said the annotation is meaningless. True or not? Should I cash it or not?
My atty. initially threatened a contempt of court citation on opposing counsel, but now threatens he'll withdrawal from representing me if I don't cash it. Why? What do you think of my atty.?
>Thank you for your help.
>
>