Q: My wife is receiving CS which is being garnished from my check and she is not paying the mortgage what are my options?
The mortgage is in my name the Husband, the deed is in both of our names husband and wife, the only court order in place is child support. Our 3 kids and my wife are living in the house, the kids ages are 16, 18 and 21. I am paying child support for the 2 minors 16 and 18 the 18 year old is still in high school and will be graduating in May this year. Is she ordered to take care of the kids with the CS money which includes their well being (Shelter)?
A: Not enough facts. Who's name(s) is/are on the mortgage and on the deed, and who is living in the house, what are the ages of the children, what agreements or court orders are in effect regarding the house and who is responsible to pay for it, etc., etc. This is one of those situations where piecemeal release of all your private financial and property info is not the best method for getting the advice you need. Sit down with a lawyer to go over the situation, so that the necessary facts can be reviewed and a viable strategy forward can be mapped out and implemented. Perhaps the house can be ordered sold, but it is unclear if that is really an option.
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