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Seperation: Does Father have to pay child support

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paige62

Junior Member
Massachusetts

I am filing for a divorse, in the state of MA the seperation is part of the divorce. My spouse will be moving out of the house into an apartment. What does he have to pay while the seperation is going on? I can't afford the home on my own salary. What does he have to provide? What are the visitation visits, we have two children. Also I am told that it takes a year for a divorse to settle in MA. Can anyone confirm?

Thank you - KristinWhat is the name of your state?
 


nextwife

Senior Member
Massachusetts

I am filing for a divorse, in the state of MA the seperation is part of the divorce. My spouse will be moving out of the house into an apartment. What does he have to pay while the seperation is going on? I can't afford the home on my own salary. What does he have to provide? What are the visitation visits, we have two children. Also I am told that it takes a year for a divorse to settle in MA. Can anyone confirm?

Thank you - KristinWhat is the name of your state?
With whom are THE CHILDREN living?

How much do you each make?

Whose name is on the mortgage?

Will you be able to buy out his interest and refi him off the mortgage? If not, you and he should consider selling it and you obtaining housing you can cover on your salary.
 
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nextwife

Senior Member
You need to file for child support.

Spousal support, however depends on many factors. How long were you married? Is his income that much more because you are only working part time? And so on.

You are both responsible for marital debt. You and he will split marital assets, and marital accruals in your respective retirement plans.
 
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paige62

Junior Member
So one can file for child support while being seperated?

We have thought about selling the house but with the market the way it is right now, most homes in our area are up for sale for a min of 6-9 months. I won't be able to swing the payments, therefore my spouse wants to go the foreclosure route.


In your opinion is it best to obtain a lawyer to file for the divorce and childsupport. Or can one file these without a lawyer and then once negotiations are being spoken about obtain the lawyer?
 

paige62

Junior Member
Also I work full time and make good money he just makes loads more than I. We've been married 10 years now.
 

nextwife

Senior Member
So one can file for child support while being seperated?

We have thought about selling the house but with the market the way it is right now, most homes in our area are up for sale for a min of 6-9 months. I won't be able to swing the payments, therefore my spouse wants to go the foreclosure route

In your opinion is it best to obtain a lawyer to file for the divorce and childsupport. Or can one file these without a lawyer and then once negotiations are being spoken about obtain the lawyer?
Yes, you can request a temp CS order during seperation.

Frankly, you and he may be better off sharing the house, reducing the need for a second household, and NOT going FC, until you get the house sold.

Is it on the market? You're sure not going to get any kind of offer, good or not so good, unless it's actually on the market. It's your credit at stake too, and you are living in the house, so its to your benefit to make sure no FC occurs.
 

paige62

Junior Member
Living together is not an option... he is paying his portion of the bills sporaticlly. Everything is in my name except for the mortage which is in both our names. I can't continue to live the way it has been and what has been going on. I don't want to go the FC route, either but I can't buy his portion out. There are some months that he does not pay due to his "habits" and I try to struggle to make it work. I have even gone as far as to take out loans to make the payments, which again are in my name.

Not sure if you have ever heard of a mortage company letting a person just pay for the interest if they are going thru financial troubles?
 

nextwife

Senior Member
Living together is not an option... he is paying his portion of the bills sporaticlly. Everything is in my name except for the mortage which is in both our names. I can't continue to live the way it has been and what has been going on. I don't want to go the FC route, either but I can't buy his portion out. There are some months that he does not pay due to his "habits" and I try to struggle to make it work. I have even gone as far as to take out loans to make the payments, which again are in my name.

Not sure if you have ever heard of a mortage company letting a person just pay for the interest if they are going thru financial troubles?
You won't know what they will do until you contact the mortgage servicer's Counseling dept. Get any agreement in writing.
 

Ohiogal

Queen Bee
Living together is not an option... he is paying his portion of the bills sporaticlly. Everything is in my name except for the mortage which is in both our names. I can't continue to live the way it has been and what has been going on. I don't want to go the FC route, either but I can't buy his portion out. There are some months that he does not pay due to his "habits" and I try to struggle to make it work. I have even gone as far as to take out loans to make the payments, which again are in my name.

Not sure if you have ever heard of a mortage company letting a person just pay for the interest if they are going thru financial troubles?
Quite frankly he is not responsible for the bills not in his name UNTIL a court states so. You can file asking for temporary spousal support and child support. However that does not mean that he is going to pay it. You will most likely have to sell the house if you can not afford it on your income.
 

nextwife

Senior Member
Living together is not an option... he is paying his portion of the bills sporaticlly. Everything is in my name except for the mortage which is in both our names. I can't continue to live the way it has been and what has been going on. I don't want to go the FC route, either but I can't buy his portion out. There are some months that he does not pay due to his "habits" and I try to struggle to make it work. I have even gone as far as to take out loans to make the payments, which again are in my name.

Not sure if you have ever heard of a mortage company letting a person just pay for the interest if they are going thru financial troubles?
But is it on the MARKET? If you can't manage it, you need to get it on the market.
 

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