Stuck with mortgage and child support.

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undersc0re

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I have been told that the wife is gonna move one day with the kids about 4 hrs away, we owe lots on this house, so much we will probably owe when its sold, if it even sells, she has mentioned that she is gonna leave me with the house payments and also file for child maintenance enforcement, I will not be able to afford it all for more than a couple months...do I just take a loss on the house as fast as possible? The mortgage is coming out of my account. Am i screwed I guess is my question? heh
 
If it is a matrimonial home, both of you share the value of both the equity and debt equally.

So when the house sells, if it is still underwater, she owes half of it. If it has positive worth, she is entitled to half of it.

You need to speak for a family law lawyer. Your stbx cannot just take both your children and leave without your consent. If you want to see your children, you need to go to court pronto and stop her from moving with the children. They are your kids just as much as hers! She has no right to deprive them of time with you.

Seriously, go talk to a lawyer pronto.
 
If she told you now that she plans on leaving now (before I recall you heard through word of mouth), you now advise her via email and registered letter that you do not agree with her unilateral decision to relocate with the children and that she does not have your consent to move the children.

You need to be on record and have it in writing that you don't agree with her moving with the children. If you sit on your hands and do nothing and she moves, a court may deem your inaction as consent. So you have to advise her IN WRITING.

As for the house, is it something you could carry on your own? If so, get a valuation done to figure out the fair market value so you can buy her out. As for the paying for the house and c/s, well.....that is likely going to happen regardless. If you make more money than she does, it really doesn't even matter if you get 50/50, you will be paying c/s. Full c/s if she has the kids more than 60% of the time, and offset if you have the kids more than 40% of the time.

So don't get too worked up about c/s. It is the impending move WITH THE KIDS that you have to stop.
 
If it is a matrimonial home, both of you share the value of both the equity and debt equally.
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This is not correct.

Whosoever has their name on title owns the property. If the house is solely in his name, and it is underwater, then he has that debt. This debt will be calculated as part of his net family property, and should either decrease his equalization payment made or increase the equalization payment received, based upon the separation date values.

If he sells it below an agreed upon value, the additional loss is his, in the event it is solely his property.

If jointly owned, both parties enjoy the loss equally.

You need to speak for a family law lawyer. Your stbx cannot just take both your children and leave without your consent. If you want to see your children, you need to go to court pronto and stop her from moving with the children.
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Sound advice.
 
Thanks for the clarification, OrleansLawyer.

True, it affects the equalization of the assets, she doesn't directly owe the money to the mortgage company/bank.
 
Ok sounds like I am dishing out dollars for a lawyer, is a text msg to her saying I don't agree with you moving with our children 4 hours away as that will disrupt the children, and interfere with my relationship with the children, I want them to stay in this area.
I asked via text if she was moving a few weeks ago and she said "no lol who told you that crap" I figure if I state I do not want the children moved and she replies that should suffice...? I will leave her a note as well as contact a lawyer asap.
I was just told by the daughter and mother in law of all people that she is moving, not directly by her yet....she already dragged the stepdaughter 4 provinces away without her fathers permission and is in court for that right now....she plays the don't answer the door or phone game....so I imagine its gonna be a long battle.

Thx for the tips, just want to be able to go to the lawyer with info and directives rather than too many questions is all....
 
Text message is only good if you keep a running track of all texts AND are able to print them out.......

Generally texts are ok for communicating about the kids, stating you will be picking them up at X time. But for something as important as her taking the kids 4 hours away, I'd send an email AND a registered letter. The cost of a registered letter could save you thousands of $$ in legal fees trying to get the kids returned later.
 
E-mail is better than a text message since they are not as persistent or easy to present in court.

Most lawyers will give a free consultation for 30 mins or so, if they don't offer a free consultation you should probably find another lawyer.

You will need access to several thousand dollars to retain a lawyer (generally 1.5k to 5k initially) and more if you need a trial.
 
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