Child Support & House

Status
Not open for further replies.

RAnn

New Member
I believe this has already been asked so I will apologize if it is a duplicate.
Daughter-in-law's baby-daddy moved out 3 weeks ago to move in with another woman. (They are not married). Since then he has given her 1 box of pull-ups and $150.00. (Pittance since he makes $1,000 a week). She has the paperwork to fill out for child support since it looks like he will not be paying anything willingly. (He never gave her his paycheck while living there-she had to pull teeth to get any money from him for bills).
Another problem is she re-mortgaged the house [previously in her name only] a couple of years ago to pay off some of his credit cards putting his name on mortgage and deed. (Yes I know - STUPID). But, since they are not married I don't think she can add the house mortgage in towards the child support can she? i.e. not in family court? That would be something she would have to go after from him in a separate court for payment as I don't see him forking over half of the mortgage. (He hasn't since they refi-ed so why would he now).
Final question. He has alot of tools and junk stored at the house. Is there a time limit before she can trash or sell it? If he isn't going to pay his share for the mortgage she could sell some of the tools & trailer to make up some of the money. But she doesn't want to do that without proper notice or time. They weren't married but he was sort of a non-paying "tenant" since his name is on the mortgage & deed.
Thanks for all your help
RA
 
He's not a sort of non-paying tenant, he's an equal co-owner.
I suggest she arrange with him to come and collect his junk.
I also suggest that she not destroy, damage, or sell his junk.
It'll only bring her big trouble.
Family court will not be concerned about anything except to hear her petition for child support.
As far as the house, she'll probably have to buy him out of the half interest he acquired when she
voluntarily placed his name on the deed.
They may not be married, but he's an equal co-owner in the home.
 
Thank you for your response. He has had no interest in coming to the house. Can she give him a certain time period to collect his stuff and then get rid of it and if he doesn't come by a certain date then remove it? There is alot of junk (he was a picker) that is hazardous to the children in the backyard that she really would like to get a dumpster for.
I thought as much with the Family Court and the mortgage and the child support.
As far as getting his name off of the house. The house is now worth less than what it is mortgaged for - so there is no equity in it for him. And she can readily show that she has paid all of the mortgage payments. There has never been any joint accounts. Would there be a possibility of going to court to have her be able to refi on her own without having to pay him anything to have him sign off?
thanks
RA
 
If she wants him off of the deed, she'll have to buy him out or get him to voluntarily take himself off.
You can't abandon property on your own homestead.
She needs to arrange for him to get his stuff.
His junk was okay as long as he was her bedmate, but it's dangerous now that he's gone.
Sorry, destroying his property will give him grounds to sue her.
If it were me, I'd arrange to take it to him, after obtaining his permission in writing.
Otherwise, I'd keep the kids away from the backyard.
 
Status
Not open for further replies.
Back
Top