QUESTION
How do we split assets with one parent can't pay child support?
Asked on Apr 05th, 2014 on Criminal Law - Idaho
More details to this question:
We are getting divorced after 7 years marriage. There was domestic violence and he cheated with a 16 and 17-year-old girl. We have 3 kids and he was ordered to pay $69 a month but it was waived due to him not being able to pay. We have about $100,000 equity in our home. Do I have to pay him half? I support the kids 100% and have full custody. Thank you.
10 ANSWERS
Division of assets and child support are different issues. Unless you agree to an unequal split due to the circumstances, the court will order an equal property division.
Answered on Apr 09th, 2014 at 12:04 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Judge may ordered unequal distribution of assets as a form of child support.
Answered on Apr 07th, 2014 at 8:24 PM
2 Awards
Florida is an equitable distribution state where all the marital property is subject to such equitable (which usually, but not always, means equal) distribution. You should consult with a divorce attorney in your area for specific, in-depth advice.
Answered on Apr 07th, 2014 at 2:48 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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There is no custody as such in WA so I don't know what you have. I assume you have the majority of residential time and maybe sole decision making authority. None of that is relevant to child support. It would not be unreasonable to draw a reasonable amount of child support from his share of the home equity. One possibility would be for you to keep the home and forego a certain number of years of child support in exchange for his share of the equity. This would leave you with the house and none of the transactional costs of selling it and at the end of the period agreed upon, he would have to start paying support again. The other alternative is to ask the court to order that he pay support based on his share of the equity.
Answered on Apr 07th, 2014 at 2:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Do not try and do this divorce on your own. It is very complex, especially with children involved. It is also illegal to "waive" child support, as that is the exclusive right of the children. You really need to consult with a divorce attorney.
Answered on Apr 07th, 2014 at 1:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney, such has to be dealt with in the divorce judgment.
Answered on Apr 07th, 2014 at 1:34 PM
Thomas Edward Gates
What every the divorce decree states about the house must be followed. However, you can report the matter to the state and should be able to get back child support. You might want to talk to an attorney about putting a lien on the sale. That way, the lien would have to be paid first before there is any disbursement.
Answered on Apr 07th, 2014 at 1:33 PM
Michael J. Breczinski
I would argue that he should give up assets in stead of child support, if he can't pay.
Answered on Apr 07th, 2014 at 11:48 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Child support and property division are two entirely different issues. However, if he were to get one-half of the equity in your house, he would certainly have enough money to pay child support.
Answered on Apr 07th, 2014 at 11:25 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I suppose you could ask the court to give you his half in lieu of child support. Or, if the order has been entered that he is entitled to half, I suppose you could sue him, get a judgment and attach his half. You really need to talk to a local family law attorney to determine the best way to proceed.
Answered on Apr 07th, 2014 at 11:06 AM