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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My ex-husband and I have been divorced for three years. We

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My ex-husband and I have been divorced for three years. We have a joint mortgage on the home that he currently lives in. While he is supposed to be responsible for making the payments he is frequently late which is taking a toll on my credit and making it impossible for him to refinance thereby removing my name from the loan. We are on good terms and we have discussed various options that will keep him current on the mortgage for at least 12 months in the hopes of taking advantage of HARP 2.0.

He is going to speak to his payroll department about having automatic, weekly payments taken out of his paycheck and sent directly to the lender (assuming this is acceptable to the lender). This is agreeable to me provided that once the automatic payments have been initiated, he is unable to modify or stop them for a specifed period of time. This is acceptable to him and we are hoping to put together a document outlining the terms of the agreement. My question is, will this document be legally binding? Since there is no court ordered wage garnishment that is being enforced what is to prevent him from having his payroll department stop or modify his deductions any time he wants?
Hello and welcome,

This agreement would typically be enforceable, as long as it is not inconsistent with your divorce decree. If he stops the deductions without your consent and in breach of the agreement, then you could typically sue for any damages sustained as a result of his breach.

At this point, you could sue for damages for breach of contract as well typically since your credit has suffered due to his breaches of your separation agreement, so this new agreement would be characterized as a settlement of your current claim.

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