Ex- husband being deported we have 1 child

What is the name of your state?TX
Hi
I am in a unique situation? I don't know exactly what rights me and my son have as far as legal custady goes. My ex- husband and I had a simple divorce we chose to have shared custady and he got to keep everything. We have a house that is his but my name is still on the morgage because he never refinanced it. I am now remaired and have been for 5 years. My ex husband finaly started paying child support on our 1 child about 2 years ago. He was only paying the minumum and instead of taking him to court to up it I just keept saying later... anyway my current spouse is in the military so we are in a diffrent state and i just found out from my ex husband's girlfriend that he is in jail and they are tring to deport him.... shady past i guess. Anyway i don't know what this means for my son... does this mean it will be easier for my husband now to adopt him or as far as child support goes will i still be able to collect if and when he gets a job in what ever country he goes to???? Also even though the house is his and i want no part of it what will happen as far as the morgage is concerned and can i get out of it.
thanks for you time
jen undefined

[rmet4nzkx]

Are you still on the deed? That may be crutial to what you can do once he is deported. Since your are on the mortgage are payments being made while he is in jail?

[I AM ALWAYS LIABLE]

My response:

Here's what I want to know . . .

Is your current husband also a foreigner, or did you finally learn your lesson?

IAAL

Well first let me say my current spouse in not only a citizen but a proud member of the military. That being said I do belive my name is on the deed because the current girlfriend is trying to make a payment but needs me to call and get the account number because she said only him or I could get this info. Not that i realy want to be that helpful but i do want it paid so it does not show up neglagent on my credit report....
we all make some bad choices in life and as a young adult i belive he was mine

[rmet4nzkx]

You definately want the mortgage payments made, what state is the house in? In many states you any check online the recorders or assessors office to see if you are still on the deed. If your are on both deed and mortgage, you may have some claim on the equidity that may come in handy for the child support, especially if he is not comming back. It may be a good thing that he didn't have to refinance and your name is still on the deed. When you find out for sure, then petition the court for a modification as appropriate if he is deported. You will most likely need an attorney.

[I AM ALWAYS LIABLE]

Originally Posted by jen6791

Well first let me say my current spouse in not only a citizen but a proud member of the military. That being said I do belive my name is on the deed because the current girlfriend is trying to make a payment but needs me to call and get the account number because she said only him or I could get this info. Not that i realy want to be that helpful but i do want it paid so it does not show up neglagent on my credit report....
we all make some bad choices in life and as a young adult i belive he was mine

My response:

First of all, thank you for finally marrying an American. Better late than never, I always say.

Anyway, after you obtain a copy of the deed to confirm that you're still an owner, you definitely don't want his girlfriend laying any claims to your property; e.g., she may petition the court as a "putative spouse" and obtain his community property share. Therefore, while you're deciding on what to do with the property during the time it takes to Petition the court for full ownership of that house, you are definitely going to need to turn that girlfriend into a "tenant" paying YOU rent. You DO NOT want her to get hold of the loan number because you don't want her to pay the bank directly on the mortgage. You want her to pay YOU directly because you WANT to make a profit on your ownership investment in that house. Therefore, you also want to find out the rental market pricing in that area. Then, you'll be able to turn that alligator into a piece of apple pie.

IAAL

[rmet4nzkx]

Originally Posted by I AM ALWAYS LIABLE

My response:

First of all, thank you for finally marrying an American. Better late than never, I always say.

Anyway, after you obtain a copy of the deed to confirm that you're still an owner, you definitely don't want his girlfriend laying any claims to your property; e.g., she may petition the court as a "putative spouse" and obtain his community property share. Therefore, while you're deciding on what to do with the property during the time it takes to Petition the court for full ownership of that house, you are definitely going to need to turn that girlfriend into a "tenant" paying YOU rent. You DO NOT want her to get hold of the loan number because you don't want her to pay the bank directly on the mortgage. You want her to pay YOU directly because you WANT to make a profit on your ownership investment in that house. Therefore, you also want to find out the rental market pricing in that area. Then, you'll be able to turn that alligator into a piece of apple pie.

IAAL

OH! IAAL an excellent catch! While OP is worried about the mortgage getting paid to protect her credit raiting, you are so right, she also needs to keep that loan number private too apparently the gf doesn't have access to the financial information. It would be easy to just give the information and be grateful to have the payment made. The same would apply for taxes and insurance too unless they are covered by an impound account. With her being out of state this could get to be a big mess before it get better while at the same time, at least there is something to eventually cover the future child support. A lot will depend on what happens to her ex and how long it takes.

[I AM ALWAYS LIABLE]

Originally Posted by rmet4nzkx

OH! IAAL an excellent catch!

My response:

I know. I can't help it. It's my job.

The big question, however, is whether our writer appreciates it.

IAAL

[stealth2]

What happens with visitation?

[rmet4nzkx]

Originally Posted by I AM ALWAYS LIABLE

My response:

I know. I can't help it. It's my job.

The big question, however, is whether our writer appreciates it.

IAAL

I know, you always come through in the clinch.

My thoughts exactly! Well at least she had a clue that, being on the mortgage was significant and came back so hopefully she will come back again. Hopefully she is still on the deed. Of course she may have little idea what is happening with her ex but something she needs to get on ASAP. If she is lucky the tax records will be available online which will give some indication of whether or not she is still on the deed. It's a real pain when things happen on a weekend!

[rmet4nzkx]

Originally Posted by stealth2

What happens with visitation?

Not knowing where the father is from, who can say for sure at this point, most likely the child will stay with the mom as the child and mom are both citizens and she is not getting deported.

[stealth2]

That has nothing to do with visitation. If there is a court order, it needs to be modified. I simply find it interesting that Mom is more interested (apparently) with whether she's going to be getting any money (or have to lay it out) than what happens with her ordered visitation. She may well find herself sending the kid abroad for it - I'd be a little more worried about that aspect of the entire situation.

[I AM ALWAYS LIABLE]

Originally Posted by stealth2

That has nothing to do with visitation. If there is a court order, it needs to be modified. I simply find it interesting that Mom is more interested (apparently) with whether she's going to be getting any money (or have to lay it out) than what happens with her ordered visitation. She may well find herself sending the kid abroad for it - I'd be a little more worried about that aspect of the entire situation.

My response:

She doesn't have to worry about visitation. I'm sure there's nothing in the court order about HER having to accommodate HIS visitations. That's up to him. It's as if he's voluntarily leaving the country, and it's up to HIM to enforce his rights; i.e., Receive a modification of the current orders to accommodate his new "residence".

And, it's going to be a little difficult for him to obtain a modification in the first place. 1) he's a criminal being deported; 2) it's a little difficult to appear in court to give testimony when the INS won't allow you into the country; 3) it's really difficult to obtain a modification for visitation when that visitation would necessarily need to take place in another country; e.g., the court would require a "hefty" bond to assure the return of the child and, even still, the court would be reluctant to allow the child to leave its jurisdiction under these circumstances.

IAAL

[rmet4nzkx]

Originally Posted by stealth2

That has nothing to do with visitation. If there is a court order, it needs to be modified. I simply find it interesting that Mom is more interested (apparently) with whether she's going to be getting any money (or have to lay it out) than what happens with her ordered visitation. She may well find herself sending the kid abroad for it - I'd be a little more worried about that aspect of the entire situation.

In addition to what IAAL said, there will be necessary custody modifications, that was already covered, the last thing on the father's mind right now is visitation and he won't be calling the shoots.

Future child support is in the best interest of the child and there is a source of that in the home that is still held by OP and her Ex. Trying to enforce child support after he is deported would be difficult at best. This is one of those times when the ex's inattition to responsibility pays off.

[I AM ALWAYS LIABLE]

My further response:

"In cases involving international relocation, the child's best interests at a minimum require, first, continuing contact between the child and the parent remaining in this country, and, second, guaranteed enforceability of the . . . custody order in the foreign nation." [Marriage of Abargil (2003) 106 Cal.App.4th 1294, 1299, 131 Cal.Rptr.2d 429, 431-432 (emphasis added) (move-away to Israel)]

This is the way California sees this type of a situation, and I can't believe that Texas would be any different.

IAAL