[watermun]

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 won't 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 don't 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 received 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 have 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 mortgage.

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 separate.

[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 Don't 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 mortgage, then you can just be made to pay the mortgage.

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.

[ScottGem]

This sounds like beauraucratic excess. Frankly, I think its BS. The problem may be the wording of the decree. It may not specify that the amount awarded as child support was to paid as the mortgage. But I would make CSE take you to court. Plead your case in front of a Family court judge.

[watermun]

This is exactly what is said in the decree: until the youngest child reaches the age of majority, the husband shall pay the mortgage payment on the marital home in the amount of $1,015.00 per month, as child support(710) and permanent periodic alimony (335.00). The husband shall also pay the wife $30.00 per month, for a total monthly payment of $1,045.00 for his child support and alimony payments. All monthly payments were made per the decree and current to date.

Cse letter:your payment in the amount of $1,045,00 per month is due effective 3/1/07. To ensure that you receive proper credit for your payment, print your name, court depository # and ss on all checks or mo.

i've a 230 appt will update this post later.

[ScottGem]

Like I said, let CSE sue you. Make sure you keep record of all payments. But I really can't see a judge siding with them. What MAY happen is you pay CSE, they pay the mortgage and pay the additional $30 to the ex.

But I understand your concern that if you don't pay the mortgage directly she won't which will affect your credit. If you can't get a judge to agree with you, then refinance the home under her name, quit claim it to her and let her worry about it.

[GV70]

Scott, in my view CSE will garnish his salary...
Maybe the best way for watermun is to afford a lawyer.

[ScottGem]

Scott, in my view CSE will garnish his salary...
Maybe the best way for watermun is to afford a lawyer.

Can they garnish his salary without a court hearing first?

[GV70]

In some states-YES!!

In others-CSE can get the court order WITHOUT notice to the non-custodial parent.

[ScottGem]

This one really bugs me. Here's a situation where the divorce attornies and the divorce court judge arrived at a solution to support that ensures the child and the ex will have a roof over their heads. The ex also gets the equity build up in the house. Yet some pencil pusher wants to interfere with a working and equitable arrangement.

[GV70]

Ha-ha! It is possible CSE to garnish his salary and after that he will be able to sue CSE.

[watermun]

UPDATE:
After visiting the atty, he advised me to pay CSE instead of the mtg. He advised that the state has the power to override the decree without going to court or even notice to me, based on the fact that X is getting some sort of public assistance dealing with FL Statues Section 409.2564(9). He also advisedd that making the mtg payments, and keeping it current to date, has to be recognized as child support to that date. That I may have to go to court to have the back payments they are requesting removed. That I must go to CSE with all my receipts(will do that on Monday AGAIN)for the year, and if they still don't accept it , then we go to court to have it removed. (I forgot to ask the atty, if I can get atty fee if I win), and he said that with all my receipts to prove I complied with the decree he don't know a judge that would rule for the state with that evidence. At any rate, I'll see what Monday brings... More Later...

Thanks to all of you who responded, it has given me a place to start and some semblance of hope that this could be resolved.

PS: She will be responsible for the mtg according to the decree, since she will be getting the monies paid directly to her. (I give her 3 months before the bank start hollering.)

UPDATE on the Bank and changing the title: The bank said (wells fargo) quit claiming the title and removing my name is not a concern to them to where they'd recall the loan in full. They are only concern that they get their money, and they were getting it... so if she does not pay the mtg, they foreclosed and my credit ruin, but she lose the house... so...

Again, THANKS TO ALL... stay tuned...

[ScottGem]

OK, you didn't mention before that she was getting public assistance. That makes a difference.