Do I have any options...

[rebeccarollers]

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

I'm going through a divorce, and currently I have temporary residential custody and wife is suppose to pay child support at this time but hasn't.

The mortgage and 2nd mortgage are in my name, because at the time when we bought the house my wife had bad credit and they wouldn't approve the loan with her name on it. It's impossible to refinance when the total mortgages are approx 112,000 and with the current economic crisis the house would probably be valued at appox 80 - 85,000.

Even though we separated in in April of 08, due to my wife's schedule I've pretty much been the kids primary caretaker since November 07.

I'm on disability for mental illness and have had suicide attempts in the past, however at this point in time with meds I am stable. I'd love to keep the house for the kids since they've lived in the house since the time the kids were born. Since I started going to church the kids were given full scholarships to a Christian school where they receive a great education, and aren't in an overcrowded classroom.

I know if this goes to trial full custody for either parent is near impossible and shared custody would most likely be awarded. I see no point in selling the house simply because it's underwater. If it did go to trial would a Judge award me additional support in order to maintain the home the children have lived in or am I pretty much SOL?

Does anyone have any ideas or suggestions? Talking to my lawyer today I didn't receive an encouraging response. It pretty much seems like my wife will beable to walk away without much responsibility for anything, while I take the biggest hit. Any ideas/suggestions would be appreciated.

I doubt my soon to be ex wife would have a problem with me being the residential parent. However only with my disability income it would be difficult for me to maintain the house.

I don't want to go to trial and pay money if the results are basically going to bankrupt me. It would put me in a position where I'd most likely have to give her custody and return to Michigan. Most likely this isn't relevent but my wife moved out and lives in her parents house where she has no bills to pay.

Thanks,
Steve.

 

[Ohiogal]

If you can't afford the house look to downsize because they will not make your wife support you just so you can stay there. You might qualify for alimony for a limited duration however we can't even say for sure based on what you have stated. And if she does not pay child support, she won't pay alimony either.

 

[LdiJ]

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

I'm going through a divorce, and currently I have temporary residential custody and wife is suppose to pay child support at this time but hasn't.

The mortgage and 2nd mortgage are in my name, because at the time when we bought the house my wife had bad credit and they wouldn't approve the loan with her name on it. It's impossible to refinance when the total mortgages are approx 112,000 and with the current economic crisis the house would probably be valued at appox 80 - 85,000.

Even though we separated in in April of 08, due to my wife's schedule I've pretty much been the kids primary caretaker since November 07.

I'm on disability for mental illness and have had suicide attempts in the past, however at this point in time with meds I am stable. I'd love to keep the house for the kids since they've lived in the house since the time the kids were born. Since I started going to church the kids were given full scholarships to a Christian school where they receive a great education, and aren't in an overcrowded classroom.

I know if this goes to trial full custody for either parent is near impossible and shared custody would most likely be awarded. I see no point in selling the house simply because it's underwater. If it did go to trial would a Judge award me additional support in order to maintain the home the children have lived in or am I pretty much SOL?

Does anyone have any ideas or suggestions? Talking to my lawyer today I didn't receive an encouraging response. It pretty much seems like my wife will beable to walk away without much responsibility for anything, while I take the biggest hit. Any ideas/suggestions would be appreciated.

I doubt my soon to be ex wife would have a problem with me being the residential parent. However only with my disability income it would be difficult for me to maintain the house.

I don't want to go to trial and pay money if the results are basically going to bankrupt me. It would put me in a position where I'd most likely have to give her custody and return to Michigan. Most likely this isn't relevent but my wife moved out and lives in her parents house where she has no bills to pay.

Thanks,
Steve.

If you end up with primary custody you would get child support, but collecting from mom may be difficult, as she has already demonstrated....the same thing with alimony. You may get some short term alimony but again, collecting may be a problem.

Credit-wise, you are the only one on the hook for the mortgage and 2nd mortgage, and if you cannot pay them without support from your wife, and you cannot collect from your wife consistantly, you may end up in foreclosure anyway.

You might be better off trying for a short sale and taking the credit hit. That would allow you to downsize so that you can make it on your income, so that support from mom will be a bonus rather than a necessity.