Final Decree - changes in custody

What is the name of your state? Georgia - Divorced in 1997 - shared joint custody with me as custodial parent - my son at age 12 wanted to live w/his dad so in summer of 2001 - a temporary order was issued - in summer of 2002 - a final order was issued - so I have been paying child support since that time (and I might add a lot more than I was receiving from Dad) - So - here's the question - in our Final Decree concerning our home - the Decree states "the wife shall have sole possession of home and the husband forfiets all rights with the exception if the home is sold at any time before the husband's child support obligations have not ended and he is current in all child support payments then the proceeds from the sale of the home shall be divided equally." At this point I must tell you that my home is a mobile home and the selling price in only $2,000.00. But my ex is demanding that I pay him half - the way I see it is that his obilgation has ended - I'm doing the paying of support - so, honestly do I owe him the funds - and if so can he file a contempt of court?

[stealth2]

Do you have a court order that states he no longer pays you CS, and that you pay him?

Honestly - if he takes you to court, you'll likely pay more than that 2k in legal fees - is it really worth it?

[Whyte Noise]

OK, my interpretation of the wording of your decree (and I'm not an attorney mind you, just logged a lot of hours of research) is:

"the wife shall have sole possession of home and the husband forfiets all rights with the exception if the home is sold at any time before the husband's child support obligations have not ended"...."then the proceeds from the sale of the home shall be divided equally."

This is the clause you need to look at.

IF his CS obligation HAS NOT ENDED, then you are to divide the proceeds from the sale of the home equally. However, if his child support obligation HAS ended, he is not entitled to any proceeds from the sale of the home.

Since he has custody now, and you are the one paying the child support, the obvious answer is that HIS child support obligation has ended, and it is now you with the obligation. Therefore, the monies from the sale of your home would be yours solely.

Unless, you have other children that you still have custody of (other than your son) that he is paying child support on. Then, you would owe him his half of the sale of the home.

[djohnson]

I also think the words 'if the sale of the home' will come into play. Also not an attorney but are you selling it? It doesn't mention making you sell it either.