Legal Question in Family Law in California
paying the mortgage
my divorce papers say i am to pay our mortgage payment as long as I reside in the house but we put our house up for sale a year ago and it went into escrow so me and my kids moved into my parents and the house fell out of escrow..the house is still up for sale and I remain at my parents.so shouldnt we now pay half and half.instead I pay 3/4 and he pays 1/4 and he subtracts it from the child support.is he allowed to do that..what can I do?
1 Answer from Attorneys
Re: paying the mortgage
Since the papers say that you are to pay as long as you live in the house and you no longer live there you no longer have an obligation to pay. I would suggest that you get a wage assignment for payment of support. With that he will not be able to deduct anything from your support. When the house is sold you should be reimbursed any amount of house payment in excess of what he has paid for the period after you left the house. Good Luck, Pat McCrary
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