Legal Question in Family Law in Massachusetts
If an ex spouse and children choose to move out of our jointly owned home before it is sold am I required to pay 1/2 the mortgage on the home in addition to child support?? She wants to move out and rent before our house is sold. I can not afford to pay both child support and 1/2 of the mortgage.
2 Answers from Attorneys
You use the term "ex-spouse" which implies the divorce is final. If it is, you and ex shouldnt be living together anyway.
That said, look to the agreement/ judgment, child support has nothing to do with the other orders for payment and failure to pay child support can land you back for a contempt case, making you liable for the other parties attorneys fees as well as the back child support, and potentially jail time.
If you have any doubt, I would take your papers to an attorney. If circumstances have changed, you may go back into court to seek a modification of any previous order.
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