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  1. #1
    Join Date
    Mar 2007
    Posts
    3

    Default Child Support and Mortgage Debt

    Hello,

    I seperated in 2001, divorce became final in 2003. Our settlement agreement stated that I would pay the mortgage until jan 2004 when the house would be sold and then child suport would 'commence after January 2004 when his mortgage obligation ceases.'

    In Jan 2004 the ex wanted to buy the house so I continued to pay the mortgage in lieu of child support. I wanted to sell the house and get it out of y name but she was extremely upset so I agreed even though the mortgage was more than our agreed upon child support amount. By 2005 she had not made progree towards buying the house so I asked her to sign a lease agreement for 24 months with her making up the difference b/w child support and the mortgage. out of the 12 payments that year she made 2. Every time I would ask, she would promise later, when she had more $$, after taxes, etc.. In Feb 2006, she remarried and they moved into the house. I was payning an additional 550.00/month at this point for the mortage and she still wouldn't pay the 200.00 I asked for.

    In March 2006, I told her should would have to 1) start paying the 200.00 or 2) I was putting the house on the market and it would be sold. She closed on her new house in July, but she would not remove her belongings from the house until mid Sept 2006. 10 weeks after closing. The house was very damaged also. things like trash left, standing water left on the wood floors in the kitchen, damaging the entire first floor, burned carpet, broken window, rusted washer, damaged walls and floor on first floor from bath tub overflowing on 2nd floor. etc.. Note, I lost $$ on the sale of the house. She left the utility bills unpaid.

    I was able to sell the house in Feb 2007 after working on it for 4 months and spening thousands of dollars to get it in selling condition. I have not paid c/s since they moved out because I have still had to pay the mortgage. The house sold in Feb, and I have secheduled c/s again in march. She is now threating to take me to court for the payments she did not receive. She also told her lwyer that she had paid me the difference in mortgage and c/s .

    I need an outside opinion. I think she owes me for the back rent and the repairs. Am I being unfair. I think I have done more than be fair. I would love to live somewhere for 6 years and not pay rent. I am not a rich man. I did not have the 1300 to pay on a mortgage plus the 650 to pay her. I make approx 80k per year and I pay for the insuarnce also plus my own family. She claims my son on the taxes.

    Am I in the wrong here? I am not a deadbeat.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Child Support and Mortgage Question

    Well, 1st off, the fact that she claims your son is irrelevant.
    She has custody, she gets the exemption, plain and simple ( unless your decree says differently )
    2ndly, I read your post twice, because there was alot of info ( which I still don't understand totally )
    But, here's the deal.
    Your court oder said do " THIS "
    "THIS" came, and you agreed to do "SOMETHING DIFFERENT".
    Now, unless you did that "SOMETHING DIFFERENT" through the courts (ie.. Update the divorce decree), you could very well be screwed. At the very minimum, you will pay a large amount to a lawyer to fix this, which may not be beneficially correct for you to do
    The fact that you paid the mortgage instead of paying the child support, technically, puts you in an arrearage situation. The money you will spend on a lawyer to (try) to rectify this alone, will be hefty.
    Moral of the story, don't do ANYTHING without going through the courts.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Child Support and Mortgage Question

    Try to get her to confirm, in writing, that there was an agreement that you would continue to pay the mortgage in lieu of support when she chose not to move. I don't know that there will be an easy way to do that, but it would be very beneficial to have an admission of your intention to informally continue the prior practice should she try to take this to court.

    As tape recording laws vary by state, you need to check your state's laws before taping any conversations in which you might elicit such a statement.

    It would be wise to consult a family lawyer, and to form a strategy with your lawyer.

  4. #4
    Join Date
    Apr 2006
    Location
    not sure
    Posts
    526

    Default Re: Child Support and Mortgage Question

    One half of any court ordered house payment is considered alimony paid to the non payor. That is recognized by the IRS as tax deductable for the payor and taxable income for the other party. Not much consolation, but it would be worth looking into.

    Stay tuned! I'm confident that certain members wil be along real soon to poke holes in the above information. Accurate info can be found the Federal Pub 17 aka The Blue Book. Publication 17, in the Alimony chapter.

  5. #5
    Join Date
    Mar 2007
    Posts
    3

    Default Re: Child Support and Mortgage Question

    Just to follow up an clear up my 'busy' post.

    The fact that we agreed that I would continue to pay the mortgage and receive credit for child support is not in question. She admitted so in writing in her demand letter. What is in question is the 7 months I did not pay once she purchased her new house and starte moving. I read this line in the settlement agreement

    ...then child suport would 'commence after January 2004 when his mortgage obligation ceases.'..

    to mean that once the house is sold, and my obligation ceases, I will start child support. To me, that gave me some 'protection' in that it would be in her best interest also to assist in the sale of the house and not work against the sale as tennants can sometimes do.

    I realize now, that I should have gone back to court. But at the time, she was very upset, did not want to move and she wanted me to give her a chance to get her 'credit' together so that she could buy the house. I was foolish in thinking she would stand by our agreement.

  6. #6
    Join Date
    Mar 2007
    Posts
    3

    Default Re: Child Support and Mortgage Question

    Bumping this one up... anyone care to clarify this statement for me?

    Quote Quoting baybook
    View Post
    Just to follow up an clear up my 'busy' post.

    The fact that we agreed that I would continue to pay the mortgage and receive credit for child support is not in question. She admitted so in writing in her demand letter. What is in question is the 7 months I did not pay once she purchased her new house and starte moving. I read this line in the settlement agreement

    ...then child suport would 'commence after January 2004 when his mortgage obligation ceases.'..

    to mean that once the house is sold, and my obligation ceases, I will start child support. To me, that gave me some 'protection' in that it would be in her best interest also to assist in the sale of the house and not work against the sale as tennants can sometimes do.

    I realize now, that I should have gone back to court. But at the time, she was very upset, did not want to move and she wanted me to give her a chance to get her 'credit' together so that she could buy the house. I was foolish in thinking she would stand by our agreement.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Child Support and Mortgage Question

    I think this covered it:
    Quote Quoting aaron
    View Post
    Try to get her to confirm, in writing, that there was an agreement that you would continue to pay the mortgage in lieu of support when she chose not to move. I don't know that there will be an easy way to do that, but it would be very beneficial to have an admission of your intention to informally continue the prior practice should she try to take this to court.

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