in escrow and suing for child support modification

[Ramsee]

What is the name of your state (only U.S. law)? California

My Ex-husband is in escrow on a house and at the same time he is suing me for a child support modification. He currently pays me $540 per month and he insists that a recent visitation modification should result in me paying him child support. I disagree and think he may, in fact, even owe me more child support. Our hearing is scheduled in the middle of his escrow--but the hearing is likely to be continued, in which case it will take place after escrow is supposed to close.

Question: I believe they will ask him during escrow whether he is involved in any current litigation, but I believe he will either lie or insist that it will result in lower child support payments. I fear that, because his mother will provide a sizable downpayment, he will be able to purchase a home that he can't afford and that this will lead to even more trouble with my receiving child support (assuming the court decides in my favor). Might escrow give me an opportunity to provide my view on the case? Is there any way I can let the bank know we are in litigation if he doesn't disclose it?

Thanks so much for your help.

 

[OHRoadwarrior]

This is not the pay back your ex forum. You go to court, present the truth and the court will issue an order. It is not difficult. If you cannot handle the situation obtain the services of a lawyer.

 

[Ramsee]

This is not the pay back your ex forum. You go to court, present the truth and the court will issue an order. It is not difficult. If you cannot handle the situation obtain the services of a lawyer.

If the answer is that the bank has authority to make its own decisions and there are no legal or disclosure issues, then please say so. Accusations and snide remarks are unnecessary and make this forum seem less professional, IMHO.

 

[Ohiogal]

If the answer is that the bank has authority to make its own decisions and there are no legal or disclosure issues, then please say so. Accusations and snide remarks are unnecessary and make this forum seem less professional, IMHO.

Why do you think the bank care about child support modifications? I ask because he is already paying some for child support. That would be reflected.

 

[Ramsee]

Why do you think the bank care about child support modifications? I ask because he is already paying some for child support. That would be reflected.

I think the bank would care because his payments could go up. In other words, the bank could qualify him for a loan based on present child support payments, but a hearing means his payments could go up or down. If they go up, as I believe, then he might no longer qualify for the same loan and might, in fact, have a lot of trouble paying for it. I'm wondering what mechanisms are in place to be sure the bank has the full view--it'd be in everyone's interest--but it's sounding like there are none. Right?

 

[OK-LL]

I think the bank would care because his payments could go up. In other words, the bank could qualify him for a loan based on present child support payments, but a hearing means his payments could go up or down. If they go up, as I believe, then he might no longer qualify for the same loan and might, in fact, have a lot of trouble paying for it. I'm wondering what mechanisms are in place to be sure the bank has the full view--it'd be in everyone's interest--but it's sounding like there are none. Right?

How a particular court case may or may not turn out is speculative & typically lenders are dealing with the here and now. Either party could at any time in the future request a modification to the support amount, but a lender isn't going to try to take that into consideration today. And I don't recall ever being asked by a lender whether or not I was involved in current litigation of any nature.

So, no, it's unlikely you'll have an opportunity to taint your ex's ability to get a mortgage loan. Whether or not he fails on his mortgage payment is none of your concern. If you prefer to go through social services (DHS?) you can probably get the support payments automatically deducted from his paycheck leaving him no option for non-payment.