Legal Question in Real Estate Law in Pennsylvania
State Law of domestic child support past due dispute
My husband has a past due child support of $5000 and we are going to purchase a home in Pa, our lender is in NJ, in order to close the deal would the back dues need to be paid first since all we have is $9000 for a down payment?
1 Answer from Attorneys
Re: State Law of domestic child support past due dispute
This should come up as part of the closing, as his Affidavit of Title will contain questions about child support. It might also come up on the title search. Anticipate having to deal with this. Perhaps you can take title in your name alone, with him as a loan guarantor along with you. You need to check this with your mortgage lender. This would not place him on the Deed, which can be done later. I suggest something be in writing to protect his interests in the house until the matter is resolved. I am not suggesting that he avoid the payments, just do something on an interim basis until he can clear the arrearages.