Hi, my question is about a divorce. We divorced in Oct. of 2007. I have custody of our two small children. He was ordered NOT to pay child support for a medical condition that the judge didn't even ask for any documentation on. I have my doubts about this sickness. He was however ordered to make the mobile home payments which he hasn't been doing. As of Jan. it was in default. He paid 2 months but didn't pay enough to get it fully out of default. In March, I have made one payment so that it won't be 3 months behind, but with the history of payment on the account, the mortgage company is telling me that it isn't enough. They know that he is ordered to make the payments, and when I have tried to make arrangements with them over the payments they won't accept anything less than 2 payments. I offered to make a payment over the phone and they flat out rejected the offer, so I sent the one payment in, hoping that it will help, but I'm confused at this point. Both of our names are on the account and what the mortgage company tells me is that even though he was court ordered to pay it, if he doesn't it still falls back on me. What can I do? Is there anyway to stop a repossession or get some help of any kind with this? I have gone to the court house but what they tell me is that even if I did take him back to the court it wouldn't do much good. How is this. He doesn't pay anything, so can he get away with all of this? I know that there is more than one question, but any help on any of them would be appreciated, thanks a bunch.

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Originally Posted by tsugarpie

Hi, my question is about a divorce. We divorced in Oct. of 2007. I have custody of our two small children. He was ordered NOT to pay child support for a medical condition that the judge didn't even ask for any documentation on. I have my doubts about this sickness. He was however ordered to make the mobile home payments which he hasn't been doing. As of Jan., it was in default. He paid 2 months but didn't pay enough to get it fully out of default. In March, I have made one payment so that it won't be 3 months behind, but with the history of payment on the account, the mortgage company is telling me that it isn't enough. They know that he is ordered to make the payments, and when I have tried to make arrangements with them over the payments they won't accept anything less than 2 payments. I offered to make a payment over the phone and they flat out rejected the offer, so I went ahead and sent the one payment in, hoping that it will help, but I'm confused at this point. Both of our names are on the account and what the mortgage company tells me is that even though he was court ordered to pay it, if he doesn't it still falls back on me. What can I do? Is there anyway to stop a repossession or get some help of any kind with this? I have gone to the court house but what they tell me is that even if I did take him back to the court it wouldn't do much good. How is this. He doesn't pay anything, so can he get away with all of this? I know that there is more than one question, but any help on any of them would be appreciated, thanks a bunch.

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They are correct - if you are both on the paperwork it's a joint debt and if one of you does not pay the other one has to or be foreclosed.

It is not the mortgage company's responsibility to shake the money out of your X - you are (apparently) the faster, easier target for them.

What would I do? I'd take him back to Court. No one knows how or what a Judge will rule until that Judge at that moment in that Courtroom. No one can tell you what is or is not "much good."

He's in violation of a Court Order - so take him back in and see if the Judge can "cure" whatever his medical condition is and "encourage" him to go back to work and pay this bill.

Hope it works out for you -

I don't understand your question to the extent that you say "He was ordered NOT to pay child support...." Has your divorce reached a final hearing or temporary? He may not care whether the trailer payment is made because he doesn't live there. I hope you have a lawyer; until he pays as ordered, you will have problems and worries. I hope you have an income and can afford to make these payments yourself, and use his payments as your 'backup'. If he fails to pay as ordered, your remedy is to file a motion to hold him in contempt of court, just more time, money, and worry.

Geroge there way I read it, was because of an illness he has, he was not ordered to pay support, ( not really ordered not to pay, just not ordered to pay) But then I could be wrong. But I will almost guess you don't have an attorney representing you do you. Since it is not the court that makes him prove anything, it is you that makes him prove things, you object to his request, you file motions to require him to produce evidence and so on. So either you need to consider getting a new attorney if you have one, or you need to get one, my guess is you went to court without one, thinkig the judge would take care of you.

Also on the mobile home that is correct, no matter what the divorce things says, they can still come back after you for the money on the home. You need to take him back to court to see if the court would find hm in contempt of court for not paying this.