Mortgage Loan and Divorce

**mslolsalot** · 11-23-2010, 02:50 PM

It's too bad he can't move back into the house and make mortgage payments until it sells- and then recoup the money he paid to keep the property out of foreclosure. Of course, that would rely on the 2 parties being amicable, which this situation sounds not to be.

I have to say that this is one time that I disagree with Greebo

I think that after divorce, when rebuilding your life, keeping credit rating intact is vital. Having been there, done that- maintaining a healthy credit rating was like a sign that I would be able to bounce back, financially speaking. That said, I think your friend owes it to himself to do what he can to take care of his financial interests, but even a judge can't force his ex to make the payments on time.

**Nishu** · 11-23-2010, 02:56 PM

Given his financial situation, I think it's a good idea to be concerned about his credit, too. He might need a better job, and they often check your credit, and he might need to move into a different rental and they even do credit checks for that. I'm sure a foreclosure isn't going to look good.

**Greebo** · 11-23-2010, 03:01 PM

Originally Posted by mslolsalot

I have to say that this is one time that I disagree with Greebo

I think that after divorce, when rebuilding your life, keeping credit rating intact is vital.

I'm not in favor of trashing one's credit on purpose.

But this guys got a $900 child support payment and can barely live as it is.

Keeping the house isn't an option.

If he can't force her to take over like she's supposed to, his credit's about to plummet anyway.

**beks37** · 11-23-2010, 06:52 PM

He makes 42k a year, no college degree. I don't think he could find a better paying job anywhere else. He also has a debt consolidation loan with his ex that he pays her $250 a month for. I really want to get my hands in some of his finances to see what's really going on, but have met some resistance with that.

He makes 78% of the income when they were married, so that's why his child support is so high. Between the ex's part time job and the child support, she has more take home pay than he does.

He can't move into the house and take over payments because he wouldn't be able to afford it. House payments are between $900-$1000/month, he currently pays $335-ish in rent.

Thanks for all of your advice!

**Palooka** · 11-23-2010, 07:30 PM

Beks, I'm just curious. Please tell me that 900 child support check with his income is for more than one child.

**beks37** · 11-23-2010, 11:49 PM

Originally Posted by Palooka

Beks, I'm just curious. Please tell me that 900 child support check with his income is for more than one child.

Yes, he has 4 children ages 2, 4, 6 and 7.

**Greebo** · 11-24-2010, 05:11 AM

Curious - who initiated the divorce?

**beks37** · 11-24-2010, 11:24 AM

Originally Posted by Greebo

Curious - who initiated the divorce?

She did. She kicked him out of the house last November. He had to live with friends for a month until he found a place. Then she filed for the divorce in February, finalized in June.

**Greebo** · 11-24-2010, 11:35 AM

She filed for divorce, kept the kids and sued for support, and now lives off her boyfriend?

Fishy... but them's the courts for you.

**beks37** · 11-24-2010, 11:59 AM

Yeah, it basically sucks for him. The catch-22 for him is that she has a college degree and does not want to work and will continue to live off her new boyfriend. Anytime my friend gets a raise, he has to pay more child support. All in all, not a good situation!

**Nishu** · 11-24-2010, 01:14 PM

Originally Posted by Greebo

She filed for divorce, kept the kids and sued for support, and now lives off her boyfriend?

Fishy... but them's the courts for you.

How is it fishy? I don't think she has to sue for support. That comes from the divorce settlement. If she does have custody of the kids, then it probably doesn't make sense for her to work full time. With 4 kids and little earning power, it doesn't make sense for her to pay a sitter. With child support that she's rightfully entitled to plus a room mate and part time employment, I doubt she's necessarily mooching off her new boyfriend.

We don't know really know what's going on here. Just sayin'.

**Nishu** · 11-24-2010, 01:15 PM

Originally Posted by beks37

Yeah, it basically sucks for him. The catch-22 for him is that she has a college degree and does not want to work and will continue to live off her new boyfriend. Anytime my friend gets a raise, he has to pay more child support. All in all, not a good situation!

Yeah, that's how child support works. Sucks to be your friend, but he's in good company. If it bothers him he can always try to get custody.

**Greebo** · 11-24-2010, 01:26 PM

Originally Posted by Nishu

We don't know really know what's going on here. Just sayin'.

Fair point that.

**Palooka** · 11-24-2010, 07:42 PM

It would be nice if he could get joint custody of his kids and save some money. It only makes sense. I've seen too many guys get screwed over child support laws, divorce, and time with their kids. Just saying..

**ddmartin** · 11-24-2010, 08:52 PM

He needs to take this to a lawyer.

Also, not sure what the laws are in his state, but he should have the support amount reviewed when the law allows. My son's lawyer successfully argued that his ex was intentionally not contributing to the support of their children and creating an undue hardship on him. The judge lowered his support amount to reflect what she would make if she were working. She had worked until right before she filed for divorce when she quit her job.