Legal Question in Family Law in Massachusetts

divorde/ child support

in a temporary order we have an agreement that i would pay half the mortgage in lieu of child support-now he has bought me out of the house ....do i still have to pay that money?


Asked on 3/17/08, 8:23 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: divorce/ child support

In the spirit of the agreement, it would appear that the half is in lieu of child support, so once this is no longer in place, you probably need to pay the amount.

Speak to your attorney.

If you have any other questions, please contact me.

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Answered on 3/17/08, 8:26 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorde/ child support

You should seek a new temporary order that reflects the fact that he is now fully responsible for the home. I do not know what this would actually cause, because it's not clear who has custody. Non-custodial parents must always pay child support consistent with the Guidelines or fair agreement.

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Answered on 3/17/08, 8:27 pm
Gabriel Cheong Infinity Law Group

Re: divorde/ child support

It really depends on the exact wording of the temporary order. Since I'm assuming your spouse has temporary custody, you are obligated to pay child support. However, it is your husband's responsibility to get the temporary order modified.

Strictly speaking, if the temporary order was writen so that there was no contingency on when no mortgage payments need to be made or if he buys you out, then your obligation on the temporary order is over and you wouldn't have to pay child support until a new order is put into place.

Morally speaking though, you should continue to pay your husband because the support is for your child and whatever quarrel you have with your husband should not extend to your children.

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Answered on 3/17/08, 11:48 pm


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