house and child support payments?

[teresarae]

What is the name of your state (only U.S. law)? MS
My husband is talking about moving out of the house and getting a divorce. He travels for a living so taking our son is not possible for him. I am worried because I cannot afford the house by myself. His income is 3 times mine. Would he be required to make half the house payment and pay child support or would they consider making half the house payment child support in itself?

 

[LdiJ]

What is the name of your state (only U.S. law)? MS
My husband is talking about moving out of the house and getting a divorce. He travels for a living so taking our son is not possible for him. I am worried because I cannot afford the house by myself. His income is 3 times mine. Would he be required to make half the house payment and pay child support or would they consider making half the house payment child support in itself?

Most likely the house is going to need to be sold, and the proceeds split. He will have to pay child support, and he may have to pay half of the house payment until the house is sold.

How long have you been married?

 

[teresarae]

We have been married for 7 years. I will put it up for sale right away but in my neighborhood houses are not selling fast. There is not really any equity but at least we are not upsid down.

 

[mistoffolees]

We have been married for 7 years. I will put it up for sale right away but in my neighborhood houses are not selling fast. There is not really any equity but at least we are not upsid down.

Be careful. You want to make sure you're not doing anything in violation of the default court order. You may not be able to list it until you have the court's OK - or your husband's OK.

 

[Ohiogal]

Be careful. You want to make sure you're not doing anything in violation of the default court order. You may not be able to list it until you have the court's OK - or your husband's OK.

I don't think anything has been filed but if they jointly own the house she cannot legally list it without his permission.

 

[LdiJ]

I don't think anything has been filed but if they jointly own the house she cannot legally list it without his permission.

It doesn't sound like he is too interested in the house, so maybe he would be happy to see it go on the market and have it out from under his credit.