Ex spouse not paying mortgage and medical bills. What to do?!?

[P82]

I live in Texas. Divorce went through the beginning of 2014 and I'm paying child support for two kids. At the time of my divorce my pay was much lower then it is now. I've remarried since and have another child plus my new spouses two children, one of which she gets child support for. We have bought a home and with our current bills and paying my current child support amount we are maxed out financially. My ex spouse was required by the courts to pay a mortgage which I refinanced in my name to lower the payments to be affordable for her because her credit was horrible. We are going on month 2 with no payment. Before this every month was a struggle to get her to pay. I cannot afford to pay this mortgage note but continue to do so as to not destroy my credit. She was also required to pay half the unpaid medical bills of our children. It's been 4 months with nothing paid towards those. I continue to make monthly payments on those as per agreed with the creditors. I have continually requested she make payments but she says she refuses to pay those as she makes less money. She also says with the mortgage she has enough of her own bills to pay and that I will just need to cover the mortgage from now on. I know she's in contempt of the divorce decree but I'm worried if I file contempt that she will countersuit for more child support since my income is quite a bit more then it was back in 2014. If I were to be responsible for more child support I couldn't maintain my own household. I cannot at this point get rid of any debts or reduce my expenditures. I do cover healthcare for both of my kids and I pay for extras when they come to my home and for extracurricular sports when in season. I'm at a loss for what to do and any advice would be appreciated.

 

[LdiJ]

I live in Texas. Divorce went through the beginning of 2014 and I'm paying child support for two kids. At the time of my divorce my pay was much lower then it is now. I've remarried since and have another child plus my new spouses two children, one of which she gets child support for. We have bought a home and with our current bills and paying my current child support amount we are maxed out financially. My ex spouse was required by the courts to pay a mortgage which I refinanced in my name to lower the payments to be affordable for her because her credit was horrible. We are going on month 2 with no payment. Before this every month was a struggle to get her to pay. I cannot afford to pay this mortgage note but continue to do so as to not destroy my credit. She was also required to pay half the unpaid medical bills of our children. It's been 4 months with nothing paid towards those. I continue to make monthly payments on those as per agreed with the creditors. I have continually requested she make payments but she says she refuses to pay those as she makes less money. She also says with the mortgage she has enough of her own bills to pay and that I will just need to cover the mortgage from now on. I know she's in contempt of the divorce decree but I'm worried if I file contempt that she will countersuit for more child support since my income is quite a bit more then it was back in 2014. If I were to be responsible for more child support I couldn't maintain my own household. I cannot at this point get rid of any debts or reduce my expenditures. I do cover healthcare for both of my kids and I pay for extras when they come to my home and for extracurricular sports when in season. I'm at a loss for what to do and any advice would be appreciated.

It looks like you are a bit stuck between a rock and a hard place. If you do not pay the mortgage it will ruin your credit. If you take her to court for contempt, she might very well file to modify child support and your child support would increase if your income has significantly increased.

You could ask the judge to order that the house be sold since she cannot make the payments. However again, that won't stop her from filing for a modification in child support. You should honestly expect that to happen sooner or later.

 

[P82]

Yes that's what I'm worried about. I wouldn't be able to afford an increase in child support. My credit would be ruined either way because if child support increases then I'd have to stop paying some of my bills. I think she knows she has the upper hand.

 

[Silverplum]

Yes that's what I'm worried about. I wouldn't be able to afford an increase in child support. My credit would be ruined either way because if child support increases then I'd have to stop paying some of my bills. I think she knows she has the upper hand.

But...you KNEW that child support in your state is 25% of your net income for your two children. So, you remarried, made a new baby, took responsibility for two other children that are not yours, bought a house, and are hoping your child support for your two original children will never be raised.

I won't be able to attend your pity party.

 

[Ohiogal]

Yes that's what I'm worried about. I wouldn't be able to afford an increase in child support. My credit would be ruined either way because if child support increases then I'd have to stop paying some of my bills. I think she knows she has the upper hand.

Only because you refuse to do anything about it. If she couldn't afford the house, you should have had the court ORDER the house be sold in 2014. Instead you decided that you would refinance it. You need to go back to court. You really do.