I'm already paying child support and alimony when I pay my monthly mortgage. Child Support Enforcement sent me a letter stating that I have to pay them too. When we got divorced, we agreed by mediation that I'd pay the mortgage, which is totaled the child support and alimony payment, and is current on both because we all know that mortgages ae due on the 1st, so how do I deal with child support enforcement? I cannot pay both, and wont if I could, as I am not financially able to do so. If I am forced to pay child support enforcement, who pay the mortgage? The mortgage is in my name, my X got the house quit claim to her. She dont like to pay, only to spend, and will screw up my credit if she is responsible for paying it, so PLEASE IS THERE ANY ADVICE ON THIS? HELPPPPPPP..THANK YOU.

macksmom

If you got a letter from child support...that means the mother filed for child support.

Is it in your court paperwork that you were going to take care of her house payment in place of child support and alimony? If so, take that paperwork down to your local child support office along with the letter you recieved from them.

If this agreement was made between the two of you and was not court order, thus legally binded then you are responsible for child support.

This seems like a muddy situation. I would suggest getting a lawyer.

watermun

Yes It is in my mediation papers that we agreed upon, signed, witnessed and signed by both of our attorneys and the mediator that I pay the mortgage on the house that she lives in, but mortgage in my name. The mortgage amount is equal to the awarded amount for child support and alimony. (We never signed anything to do with Child Support Enforcement.) This agreement was filed with the court, case #5706002047DR and made a part of the Final Divorce Settlement Agreement

ScottGem

If that's the divorce agreement, then you take a copy to Child Enforcement and tell them this is what we agreed to and the judge signed off on. If she is trying to get a modification of the agreement that has to go through a judge.

I'm surprised though, that bank agreed to allow for the change in title. If they are unaware of it, it could result in them calling the loan payable in full.

macksmom

Well if it all says that in the court papers then all you should have to do is take those to your local child support office and show where it says that instead of paying child support and alimony, it was agreed, and court ordered, that you pay the mortgage and there was to be no child support order.

That should take care of it, because like I said, unless she is receiving state aid...she would of had to file for child support in order for you to get served with such papers...so she is trying to have her cake and eat it too. I would get down to your local child support office asap with your court order before they try to take child support out of your paycheck.

Fr_Chuck

well if you pay the money to support, she can take that money and pay the mortage.

There is two levels of settlement, one is divorce and property settlement, the other is child custody and child support, Seldom if ever have I ever seen both combined. And seldom if ever have I see a house payment acting as child support, they almost always require a specific payment be paid seperate.

watermun

She not paying the bills is one of the reasons we are divorced today. SHE DOES NOT PAY ANYTHING, SHE SPENDS MONEY LIKE ITS GROWS ON TREES WEATHER YOU ARE MAKING IT OR NOT, PAYING BILLS IS NOT A PRIORITY, TO GO SHOPPING IS! NOW I'M SUPPOSED TO PAY TWICE?

All the settlements were addressed. Property, child custody, child support, alimony. Its all spelled out separately with specific dollar amount allocated for each. Because of her inability to PAY anything, and the mortgage was in my name, WE BOTH agreed that I'd pay the mortgage. (IF YOU HAVE NEVER SEEN THAT HAPPENED BEFORE, THERE IS ALWAYS A FIRST FOR EVERYTHING.Its what we agreed to) Thank you for the comment.

ScottGem

You keep harpng on this paying twice business. But you don't say whether you have taken the divorce decree to CSE and show them that you ARE paying support according to the terms of your divorce decree. Tell them if they want the support paid directly to them, you will be happy to, just get the court to modify the divorce agreement so you don't have to pay the mortgage as well.

Ashas been said, I suspect that your ex went to CSE without telling them of the agreement that was part of the divorce decree.

watermun

ScotGem, I took the decree to CSE first thing this morning and showed them where I was complying with the terms of the decree. THEY STATED THAT THEY DONT DEAL WITH MORTGAGES, THAT ITS 2 DIFFERENT SYSTEM. THAT THEY SYSTEM IS ALREADY SET UP FOR ME TO PAY CHILD SUPPORT THROUGH THEM AND I HAVE TO PAY. I made an appt with an atty for tomorrow because I do not understand this.

As for the title.... the bank is not aware yet...... I will discuss this with the atty and I will also find out what the bank statue on that... post on this later.

Fr_Chuck

Yes, the issue is that child support is always ( I have never seen anything different) specific money that is paid in check form either to the mother and/or to the court ( child enforcement)

If the child support decree says you are to pay $$$ a month, if you don't they can make you. In the child support if it says you pay the mortage, then you can just be made to pay the mortage.

While I know you tried to do something for the best, but since it is something not normally ever done, it is possible that yes, you may be made to pay twice till you get back into court.