ex is not paying the bills???

[vicjilly]

I live in Georgis. I give my ex $400 for alimony and $800 for child support monthly. She, per the divorce decree, wanted to stay in the house (in my name only) and pay the mortgage until the house would be put on the market in two years. I am keeping my end of the agreement but she is not keping hers. She is already two months behind and she is planning on moving out in a couple of months before the house is sold. I cannot afford to give her $1200 plus pay the mortgage. Do I have the legal right, since the divorce decree states that she is to pay the mortgage, to deduct the mortgage payment from what I give her monthly until I can sell it or get a renter???

 

[dorenephilpot]

You must pay your court-ordered maintenance and child support. That is separate from the house issue. You can't deduct the house payments from the amount you are ordered to pay in maintenance and child support, unfortuately.

I know that it makes sense to you logically to do this, but the court sees property and support issues and totally separate and will NOT be pleased with you for comingling the two issues.

If she has failed to abide by the terms of the decree, then you can take her back to court for contempt on that issue.

However, if she isn't paying the mortgage, she probably won't have the money to reimburse you, so it might be a fruitless effort, depending on her financial circumstances....

I would act sooner, rather than later, however, to protect your interest in the home and your credit.