Rent Someplace Reasonable That Can House You and Your Children
Video Transcribed: Are you living in the lap of luxury or just looking for reasonable housing for your children after your separation and divorce? Hello, my name is Brian L. Jackson. I am a Men’s divorce attorney in Tulsa, Okla with Dads.Law.
Today I want to talk to you about what is the reasonable cost of housing during the pendency of your divorce or separation? This is a potential pitfall, and it actually came up in a case I was working on recently, which was what my client was spending on housing. My client had a decent-sized rent bill, and it was a decent-sized rent bill, and opposing counsel was trying to pick on him for the fact that he had had this rent bill and trying to use that as grounds for the court to find that he was overspending on housing, and therefore had the ability to pay his attorney’s fees on behalf of my client’s ex.
Now, the reason why this individual’s housing bill is so high is that he has four kids and needed the space. That’s really at the heart of that whole discussion because I certainly wouldn’t advise that you go rent some high-end luxury house or apartment while you’re, or buy one while you’re in the midst of divorce proceedings.
I wouldn’t advise you to buy any property in the midst of divorce proceedings, but that’s a topic for another day. But I don’t think you want to go high-end just to get, just for a luxurious place, because that could be used as grounds to make you pay her alimony, pay her attorney’s fees, et cetera, based on the fact that you’re spending money that you don’t need to spend.
Also, if you spend marital funds on that, then a particularly aggressive attorney may try to go after you for contempt on the grounds that you are paying for luxuries with marital money, and that’s not permissible under the automatic temporary injunction.
However, you don’t have to live in a cracker box house or a cracker box apartment either. You don’t have to get a studio apartment. You don’t have to get the house in the ghetto. Nor should you, if you have children, because quite frankly, you want to have a reasonable place for the children to live, so reasonable cost is relative.
I think the main thing on this topic to do, to protect yourself is to be able to demonstrate and get evidence of this and provide it to your lawyer by all means. Get evidence that shows that you need that space. You need that amount of space, that number of bedrooms, et cetera. I would suggest if you can avoid it, don’t buy it at the top of the red scale either.
I mean, if you can’t avoid it, you can’t avoid it. But, I would suggest trying to stay somewhere in the middle, someplace nice but reasonable. But be able to demonstrate a need. If you have a need for that space, then the court’s going to view that in a different light than if it’s some high-end property on the golf course, that you’re just indulging yourself.
So, that’s the thing to keep in mind. I think when you’re dealing with that with your attorney, make sure you can demonstrate to your attorney so that they can demonstrate to the court … Forget her attorney, because her attorney’s going to say you’re being unreasonable, no matter what.
To the court, you want to demonstrate, this is reasonable for these specific reasons. Then obviously, avoid paying extras for things you don’t absolutely need. I would hold off on the 2000 channel satellite cable television, until after you get separated.
Yeah, I know the sports channels are cool, and everybody likes their NFL Sunday ticket, but you might not want to spend that money while you’re getting divorced if she’s going to try and say that you should pay her alimony.
So, just saying. But, definitely rent someplace reasonable that can house you and your children, and don’t think you have to live in the ghetto, even if you don’t have kids, just because you’re getting divorced.
I mean, she’s certainly not going to volunteer for that, so why should you? Just be able to show that it’s a reasonable expenditure based on your needs, and you should be fine. If you need help with a situation like that, go to dads.law, where we will fight for your father’s rights in Tulsa.