Legal Question in Family Law in Nevada
What to pay before a divorce is final?
I have moved out of the house that I own with my wife. We are trying to work out all the details to file a divorce but it will take some time. My question is should I continue to pay half the share bills even though I don't live there? Or should I pay what the child support formula dictates since she is going to take the house. I have heard that paying more than required before a divorce is final can set a precidence can be imposed.
1 Answer from Attorneys
Re: What to pay before a divorce is final?
I would just pay the child support unless there is a risk that your credit would be affected. If the house payment is late, your credit will be affected. I would even send two checks to the mortgage company: one, with the notation "child support" and make the amount for the child support formula, and another with the balance.
I am unsure whether a judge will let you get away with it, but I think it is a very good argument that you are paying child support since she is living in the house. You are not required to pay child support until ordered but the judge can go back four years in the child support order.
I also agree that paying more than required shows that you have the ability to pay that amount and it is a precedent.
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