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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have legal "custody" of the family home, and have been separated

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I have legal "custody" of the family home, and have been separated for 8 yrs. Ex-husband did not paid any child support (he quit a job when I tried to have his wages garnished to pay child maintenance). 1.5 years ago he gave me some money to "help" - approximately $200/month x 4 months but I have not heard from him since. Is it possible for me to sell the condo and keep all the proceeds?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

It is possible to ask the court to approve your sale of the marital home and apply his portion of the proceeds to the back child support that he owes.

In order to do this, you could file a motion for contempt of court and ask the court to hold him in contempt for failing to pay (by the way, being voluntarily unemployed is no excuse for paying child support, and the judge can assess payments even if he has no job).

The judge an order the property to be sold and the proceeds applied to the back child support. You should really try to get an attorney's assistance to file this. If you can't afford an attorney, you should contact the local legal aid office in your area. They can help you or even help find a local pro bono attorney to help you with the forms.
Customer: replied 4 years ago.

Is there a time frame for him to claim ownership of the home? For example, no contact with us for 4years - does he actually have a right to money from the sale of the home? Even though he's not paid one mortgage payment or bill?

That would be something for the court to decide. The judge has a lot of discretion with this, so it certainly may be that the judge does award the sum to you.You certainly can ask the court to reimburse you for any expenses you've incurred during this time.
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