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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9905
Experience:  Experienced Family Law Attorney
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My devorce agreement states that i have to live in the home

Customer Question

My devorce agreement states that i have to live in the home for 6 years. i couldnt afford to live there and moved out 3 years ago. i was ordered to pay my x husband mortgage as rent out of the child support. My name is ***** ***** the mortgage in anyway. my x is now rented the home and he refuses to let me have the child support for the boys. The divorce also states that I have to pay the mortgage until the home is sold or otherwise deposed of . Am i intiled to child support.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the pipes frozen and caused 12,000 in damage , I have not seen any documents to state that that i have seen. he has been refusing child support because he says i owe him. Both my sons and i told him when we moved iut that the electric needs to be turned on before winter
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 10 months ago.

Thank you; normally a divorce agreement won't require a person to live in a home -rather it will give that person the right to live in the home. If they can no longer afford it, they are free to move out unless there is a court order stating they must reside in the home (and that is very rare- I don't believe I have ever seen that).

Normally the party residing in the home is responsible for the mortgage, or for reimbursing the other party for the mortgage; if they move out, normally the order is revised to relieve the person of this responsibility.

If the other party is receiving rent, the court will usually not also allow recovery of the mortgage by that spouse, because that would be "unjust enrichment".

Furthermore, child support and all other issues are separate; if there is a child support order in effect, and the other party violates it, that is a contempt of court issue, and the non paying party can be held in contempt for a willful and knowing violation of the order, which can include sanctions such as attorney fees, court costs, daily fines, even jail time. Furthermore the state can intercept tax refunds, suspend licenses, etc in order to encourage payment of child support.

If the pipes broke due to one party's negligence (ie failure to turn on electrical) then that party is generally responsible for economic damages.

I would urge you to contact an attorney to help prepare the contempt citation paper, and to modify any court orders that deal with the house. It is also possible to get an order to sell the house, so the proceeds can be divided between the parties.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 10 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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