More details to this question:
I and my ex-wife own a house. When I left, it's been decided that they are going to continue living in the house until the kids are 21 or she begins to live with someone under that roof or she decides to sell. When the house is sold, I suppose to receive half of what the house was worth at the time of divorce (we appraised it at the time). This arrangement puts some strain on the ability of my eX to develop new relationship. If it's legal and there are no glaring reasons not to do it, I'd like us to sell the house, give my half of the proceedings to my eX in lieu of the child support payments. This way she could buy a new house and start new family, and I'll get on the payments. Obviously, if my financial situation changes, we'll have to recalculate the payments, and I'll pay the difference.
1 ANSWER
If you already stipulated in writing with your ex-wife that the house will not be sold until the children are 21, then you cannot force her to sell it now.
Child support is also supposed to be paid in regular intervals and not as a lump sum. Children have continuous expenses throughout the year, and child support is supposed to partially alleviate that burden.
Answered on Jun 11th, 2013 at 3:59 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com