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QLD Mortgage Payment as Child Support?

Discussion in 'Family Law Forum' started by Concerned Nana, 25 May 2015.

  1. Concerned Nana

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    Can half of the mortgage payment be considered as child support? Ex-husband has told CSA (child support agency) that he considers, that while the house he is living in is on the market, his share of the mortgage payment is for child support, while his wife is paying mortgage, school fees, medical expenses, rates, telephone, etc. That is blatantly unfair. He is using every cunning trick he can come up with to avoid paying what he owes.

    Please help. Thank you.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Concerned Nana,

    I notice you asked this question a while ago, how did the matter go? Is it resolved?

    In answer to your question:

    Payment of the mortgage is generally a property division, not child support. Child support is to be used on children, not to alleviate the financial burdens of parents (although child support does indirectly alleviate the burden on parents).

    Is the ex husband's name on the mortgage? If so, he shares in the obligation to make repayments. Either way, the mortgage should form part of the "shared pool" (assets and liabilities) that is to be shared between the partners during property division.

    See "Property Settlement After Settlement" for more information.
     
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  3. Concerned Nana

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    Thank you for your answer. The house has sold, so it will no longer be an issue. He was trying to skirt around his obligations and to let the financial burden fall on her, even though he was the one who left. Figured she would not default on payments as she did not want to ruin her credit rating, and if she couldn't then he assumed we would to protect our daughter! Thanks again. Regards, K
     
  4. Sarah J

    Sarah J Well-Known Member

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    Thank you for updating us on your daughter's situation. I'm glad the issue has been resolved. Hope your daughter is happily moving on with her life.
     
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