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10/18/2008
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Please clarify, is the married man named on the mortgage. I will assume so.
His obligations to the mortgage company are unnaffected. He must continue to pay the mortgage. He has a responsibility towards his child and must pay maintenance. Whether he is required to pay anything to his wife depends on whether she is dependant on him. Such payments are often ordered by the Court but an initial agreement out of Court is the best thing. For the married man, his main concern should be the welfare of his child and therefore maintaining both the child and mother should be his responsibility.
If you are able to provide further information, then maybe I could give further advice. Especially with regard to the home and who owns it.
The husband would need to provide for the child as he would have responsibility. In these types of circumstances more often than not, the Court orders for the property to remain as it is until the child reaches the age of 18. Whether he has to pay the whole mortgage or not would depend on what is agreed between the parties or if it went to Court, what the Judge decides. It is very difficult to say exactly what would happen in this type of situation as every case is different. More often than not, the husband's finances are checked and he would make a contribution towards the mortgage and child support. Social Services would also then assit if the mother is not working.
The fact that he has taken another rental agreement would certainly be taken into account as he has to live somewhere aswell.
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