TAS Separation - Pay Mortgage plus Child Support?

[Steve480]

Hi I have been separated from my wife since September last year. She moved out with the kids even when I said I would instead. We agreed I couldn't pay child support and the full mortgage. Which is in both of our names and she would not pursue payments because of this.

A month after moving out she pushed to collect the child support still leaving me with the mortgage to pay. The house is up for sale. But looks like will be lucky to get out without owing the bank. She took nearly all the contents and the second car. The mortgage has always been paid from my wages. I have had to get boarders to move in to keep both house payments and child support current.

Family law mediation is coming up and I'm just wondering where I stand.

 

[Sarah J]

Hi Steve480,

How did the family mediation go?

As for the property division, it is best if the parties can decide between themselves who get what, and who pays what. Any agreement should be recorded down in writing. This then becomes a "property agreement". For the agreement to be binding, you and your ex wife need to each see a lawyer. The lawyers then need to sign a certificate stating they have advised you on the merits of the agreement. Otherwise, it is not binding and either party can go back on their word.

As for better understanding property division and seeing where you stand in this, have a read of "Property Settlement After Separation". This article explains the process in detail.