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  1. #1
    Join Date
    Sep 2010
    Posts
    12

    Default Ex is Not Paying Child Support

    My question involves child support in the State of: New Jersey

    My ex husband is supposed to be paying me child support in the amount of 950.00 a month for 3 children. I retained the marital home and it is listed in the divorce that he would sign a quit claim, and that I was responsible for mortgage payments and property taxes. Please note his name is still on the mortgage until I can obtain one myself.

    I fell behind on the property taxes so my ex decided that instead of paying his child support he would withhold all but 92.00 a month to cover the cost of the property taxes.

    His actions have left me and the children in a serious financial situation. I was advised to file an enforcement suit and request wage garnishment by child services.

    My question is: Can he withhold my child support to pay the tax bills on the home?

    Child services says no, but Im very stressed out waiting for my court date the end of September.

    I cannot afford an attorney so I filed the paperwork myself. Yet I think Im nervous because he is bringing his attorney. When I asked child services they told me I dont need a lawyer for something so cut and dry...

    HELP! Id like to sleep for just one night!

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: Ex is Not Paying Child Support

    I think he's required to follow the order as its written. If he wants to make a change then he needs to go back to court and request a modification.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex is Not Paying Child Support

    He absolutely CANNOT legally withhold the child support in that manner.

    Absolutely not.

  4. #4
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Ex is Not Paying Child Support

    That is weird that he did that. Because now he'll lose that money and still owe you for the nonpayments. And if I read your post correctly, he get nothing if you sell the house, but get bad credit rating if you fall behind on the mortgage. He doesn't benefit all by paying the taxes for you, if the house is in your name. Paying the mortgage would make a lot more sense, but on the other hand he still would end up n the arrears, so now he in arrears and that will effect his credit rating in a negative way. So he loses either way an now he dug himself a deeper hole to climb out of.

    I wondering how you are late with your property tax and not with your mortgage. I own 3 houses in NJ and never paid property tax. It was always included in my mortgage payments.

  5. #5
    Join Date
    Sep 2010
    Posts
    12

    Default Re: Ex is Not Paying Child Support

    THANKS! I appreciate the responses!

    Lawrence084: My taxes are not included in my mortgage payment. Its an option that we took when we refinanced the home about 8 years ago before our seperation.

    The house is still listed in both of our names because my exhusband hasnt signed the quit claim yet. It was written in the divorce by his attorney, signed by my ex, and signed by the judge that he would sign a quit claim, but each time I asked him to sign it he has gotten nasty with me and refused. This is one of the counts that I have listed on my enforcement suit that is scheduled for later this month. Ive been told in the past by my attorney he has no choice but to sign it....he agreed to it.

    As far as the mortgage goes, I agreed to allowing him to forward my alimony money each month to the mortgage company, until I can stand alone on the mortgage or I sell the home. This was done as protection for him and his credit rating.

    NO where in any agreement did I agree to him withholdig CS for any reason, taxes or otherwise.

    I honestly can understand his concerns over the taxes but it brings us back to the fact that had he have signed the quit claim as ordered years ago his name wouldnt be listed on that tax bill!

    Our divorce clearly states that Ive agreed to the withholding of Alimony for the mortgage, but then states that all taxes, utilities, repairs, insurance are the sole responsiblity of me.

    To Dogmatique and DistressedmomThank you very much for you advice! I suppose Im just looking for some support or for others to tell me I can win this case. Im at times very intimidated about the hearing because of him bringing his attorney and Im representing myself.

    Family and friends have pointed out that he may quite possibly be bringing an attorney for many reasons, one being to have the arrears wiped away beings he used the money for the taxes, two because he doesnt want a wage garnishment as that may be quite an embarrassement at work for him with the owners of the company.

    What I dont understand in all this is he has told me that his attorney told him to do this to me, so if he cant do why would an attorney tell him to???? Somebodys not telling the truth!

  6. #6
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Ex is Not Paying Child Support

    Your ex husband was advized to have his kids pay the property taxes?

  7. #7
    Join Date
    Sep 2010
    Posts
    12

    Default Re: Ex is Not Paying Child Support

    No....He claims his attorney told him to withhold my child support and pay the property taxes with the child support.

    OH no! I know now that Im tired and need some sleep! I just realized what you were saying cissycicle! lol In other words child support is for the children so they in turn are paying the property taxes.....imagine that only 13 & 16 and they have taxes to pay already! LOL

  8. #8
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: Ex is Not Paying Child Support

    In a word, No he cant not pay child support to pay another bill you need to pay instead.

    Simply because him pay the bills at YOUR house doesnt make any sense what he can argue though is a couple things'

    "she asked me to pay this bill so the children dont lose the roof ever their head and now she wants me to also pay her, she set me up"

    "I was truely afraid that her incompetence was going to result in my children being out on the street without a roof, I have no place for them to go so I figured the best option was to make her keep the house since she isnt able to manage her money"

    Im not saying he can legally do any of that but he can plead to the judge and the judge COULD take a sympathetic responce to that.

  9. #9
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Ex is Not Paying Child Support

    I am thinking his arguement is going to be on the lines of paying off a bill (Property tax) that is required to pay by the state and its the same state that is inforcing the CS. There no grey line when it comes to property taxes. They must be paid. So by him paying them frees up money that would normally goes to paying the property tax. Something you can't write off and must be paid and it state money he paying.

    Not sure he'll win with that areguement and NJ is really strick on NCP so it will surprise me if he wins, but I do see some thought on the subject, because it is state money he paying off.

    My question is why did you file? If everyone is right (Which I beleive they are), you are actually doubling your CS payments. Think about it. You actually have your ex by the !#$ and he not even aware of it....There is a lot of CP that would love to have thier EX paying a must-paid bill and accumulating arrears at the same time.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex is Not Paying Child Support

    He cannot legally withhold child support in this manner, and the State cannot allow him to do so

    The State CAN deviate the next time child support is modified though...which may essentially (and eventually) amount to the same thing backwards.

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