Legal Advice – Mortgage – Child Custody?
Question by shar123: Legal Advice – Mortgage – Child Custody?
My son has a 3 year old daughter. He is living with his girlfriend and they are buying a house (1 year ago). Both of their names are on the mortgage. His girlfriend has not been paying anything toward the expenses. She spends all her money on cigarettes, fast food, and non essentials. She has decided she wants to move out and get an apartment for 1 year to try to learn to be responsible with her money. (Doesn’t make a lot of sense to me).
My son doesn’t want to lose the house. What kind of advice would you give him regarding the mortgage, child support and if she leaves, child custody.
Best answer:
Answer by DK Julie
Get a lawyer now!
What do you think? Answer below!
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Short Term Cash Advice
the child should stay with him if she cant even manage to support herself…
he shouldnt lose the house if he has been paying the bills all along anyway…
and he should probably expect her to pay child support… (if she is truly trying to learn to be responsible…then she needs to be realistic about her life and the responsibilities she has created) it sounds to me like she just wants out….but thats just my opinion…
I would advise him to seek legal custody and child support while she “finds herself” just to protect the child
Does he have any real dirt on her? Meaning, are drugs and alcohol involved? Has she ever left the child unattended while she goes out? All of these items are things that are very important in a custody battle. The first thing he needs to do is to keep a personal log with dates/times…
If he can build a case of negligence against her, he will definitely get full custody and write her off… Building a case against her is VERY important in achieving this, though…
They are not married so there is no divorce, and therefore no divorce settlement. It means they are co-signers and each is responsible for half of the mortgage in legal terms.
They probably have a common account to pay for expenses and she contributes little. Either way, stop the common account. Inform the mortgage owner so that your son will pay his share and he wants no responsibility of her share unless she forfeits the ownership. The mortage company will act and force her to declare her intentions to this financial commitment. So, you son will end up with ownership of the whole house and he has to pay for the whole thing. The point is at least he is not paying for her part and she still owns 1/2.
Document all the expenses and who paid what.
Your son can file for child support with the local court. Each parent with earning power is supposed to pay 1/2 of the amount decided by the court. Normally, the court favors the mother unless she is proven unfit (mental or drug problems).
Be aware that he is setting a course of no return. Or if she returns, ask do you really want her. Living together unmarried with children is not exactly a stable home. Kind of hard for you as the father watching this unfold.
need lawyer for his legal rights..courts action on those matters needed there
He sure is a gem. Time to let him solve his own problems mom. Personally I think she wants him to step up to the plate and pop the question. If he lets her go it only proves to her that he doesn’t give a darn. Any cash he gives her will be considered a gift and not child support. He will owe back child support if she goes that route. What is she expecting to do with her responsibility to the house? She can’t just walk away from it. Why would he buy a house that he can not afford on his own wages? Fat chance he will see the kid if she moves away, and the courts won’t care a darn. I hope he had a DNA test done a year ago.