Farmingdale, NY asked in Divorce for New York

Q: Two post divorce questions on housing and child support from a recently divorced dad

1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the home. Our divorce decree stipulates that we sell the home upon the 18th birthday of my youngest daughter, which would be in November 2029.

My question: If I want to rent the home, rather than sell it, in the interim, would I be permitted? Or does my ex-wife need to consent to renting the home as she is a co-owner? To do she has refused.

2. In lieu of child support I crafted an agreement where my ex (who earns triple my salary) pays 1/2 the mortgage, and all expenses for the kids (school, medical, religious education, extra curriculars, camp, ect).

Would my agreement still be subject to revision after 3 years of the deal being signed or within a 15 percent change in hers or my income?

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2 Lawyer Answers

Lawrence Allen Weinreich

  • Garden City, NY
  • Licensed in New York

A: If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living.

In regard to a change of "child support", since your ex is not paying "traditional" child support revision would depend on the exact wording of the agreement and how it is interpreted by the court.

Charles Oliver Wolff agrees with this answer

Charles Oliver Wolff

  • Trumansburg, NY
  • Licensed in New York

A: I agree with Lawrence Allen Weinreich's answer, and would add that a petition for modification of child support or custody due to change of circumstances can be filed at any time by either party if there are good grounds. Family Court will decide the outcome, but it will depend upon the outcome of negotiations during pre-trial conferences. I strongly suggest that you hire an experienced attorney should you (or she) decide to go that route. This is not something you should attempt to handle on your own.

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