Getting back on y/feet


#1

Child support is used for the daily care and maintenance of the child. My husband’s ex uses her child support to pay her mortgage, but then that means that anything else for the rest of the month that the children need, with the exception of medical or dentatl, has to come out of her pocket alone.

I don’t know much about filing for bandrupcy…maybe others have some suggestions. I know that if you are splitting up debts and assets between yourselves instead of hiring an attorney, you can split them unevenly so that the person who stays in the home retains the majority of the debt or the other way around. It all depends on what you are willing to agree to. So this way, say one of you gets the car but has to pay off this credit card…or one gets the house but has to pay off the furniture. Or sell the home and split the money that way you both have the same amount to start with…


#2

I am not a bankruptcy attorney and cannot advise you on bankruptcy law. I advise you to consult with an attorney licensed in this area.

You can decide what to do with your house in a two ways: the two of you can agree, or you can have a court decide. If you are the primary care giver, then it is more likely the court would award the home to you.

If you receive child support you can use it to pay whatever expenses are necessary for the children, that includes the mortgage. Shelter is certainly necessary for the well being of the minor children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

If both of us are in such a huge debt and the assets / debts are split, neither of us would be able to pay on their own what’s owed.
Home does not have enough equity either. Credit records are terrible, so opening new credit is not an option.

Is the only option to file for bankrupcy? If this is the case, how would that affect either of us in trying to rent or buy another property to start our lives again. Would it be a worse situation with all financial or even employment doors closed?

Who and how it’s defined who stays with the home, that is if one can pay the mortgage, if this is not financially possible, can child support be used towards paying for your home?

Thank you,