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  • Child custody

    My son is with me right now, his mother was charged for assault with a weapon and lives at a friend house. I'm on short term disability right now, she froze the line of credit, I have to pay all the bills, including mortgage and cars...I was told (by my bank manager) that she have to pay half of the mortgage and loans for cars...also till the divorce is over(maybe over 6 months) who have to pay all the expenses with the child ? ...I was advised to ask for CS for the the time the child is living with me in our matrimonial home( even I make double her salary) and later when child custody will be 50/50 pay her CS and maybe SS...
    Thanks and Merry Christmas to all of you...!

  • #2
    Sorry to hear about your situation. You should consult with a lawyer. If the mortgage and car loans are in both your names then you are both legally responsible for payment. The bank does not care if you each pay half or if one of your pays 100%. All they care about is that it is paid. Even if you go to court and get an order that your ex has to pay half the expenses, a court can not force them to do so if they decide not to. Should your ex refuse to pay their share during the separation, a judge will take this into consideration at trial. Be warned that it can take almost a decade to get to trial. In my case we have been litigating for more than eight years now with a trial date still 6 months away ( unless it gets delayed again).

    If your ex is unco-operative you will either have to continue to pay the full amount of all your expenses by yourself, put your property up for sale or figure out something else. If you can not pay your mortgage and the house doesn’t sell quickly enough you may need to give the keys back to the bank or allow them to foreclose. Some people have had to declare bankruptcy.

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