Q: Inquiry regarding rights for house and child support with joint mortgage situation.

A: You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid child support in a bankruptcy and he could be ordered to pay child support based on the last job he had. He can also be ordered to look for work. The bank will not likely take his name off without your refinancing.

Hire a lawyer asap.

A: Joint Property and Child Support Legal Analysis

Your situation presents interconnected legal challenges requiring immediate attention on both property and parental support fronts. Regarding the mortgage, removing a co-borrower without refinancing is virtually impossible as mortgage contracts require both parties' continued obligation until loan satisfaction or formal modification with lender approval. The father's 401k liquidation and voluntary unemployment raise significant red flags that warrant documentation, as courts view these actions unfavorably when establishing financial responsibilities. Your consistent mortgage payments should be meticulously documented to establish your good faith financial contributions to the joint asset.

Child support exists as a legal right of your children regardless of marital status, and bankruptcy proceedings cannot discharge these obligations under federal law. Filing a formal child support petition through your local family court establishes legal enforcement mechanisms and creates an official record of support obligations that supersedes informal arrangements. Courts typically calculate support based on established income guidelines rather than current employment status, and many jurisdictions impute income to voluntarily unemployed parents based on their earning capacity rather than actual earnings.

We recommend pursuing parallel legal actions: first, filing for court-ordered child support immediately, which establishes financial obligations regardless of employment status; second, consulting with a housing counselor regarding mortgage options including potential assumption programs if you qualify independently; third, documenting all household expense contributions to establish equity distribution should property division become necessary. The 401k liquidation creates potential concerns about asset dissipation that courts consider relevant in both support and property proceedings, making prompt legal intervention crucial before additional financial resources disappear.