Can my husband use child support to pay the mortgage?
Question Details: My husband and I have been separated for more then 5 years, however there is no legal separation. There is a current child support order in effect whereby he takes half to pay the monthly mortgage to the house that my 3 children and I live in. The house is in his name only but was purchased after we were married. Is this legal?
No, he cannot do this, because the house is in his name, so by paying the mortgage with child support, he is benefit himself: he is taking money out of child support for his own benefit, to reduce how much he'd otherwise have to pay for or owe on the house. If the house were in your name and you and the children lived there, he could arguably do this, since paying for the roof over your head is as much support for you as would be handing you the moneyl...but again, that the house is in his name means that he is effectively diverting money from child support to himself. You could go to court for a court order that he stop doing this AND repay to you all amounts he took out of child support.
Rate This Answer: (1 Rating)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.