I've overpaid nearly 2 years of mortgage, after separation whilst paying a ridiculously high amount of CS

Separated from ex wife effectively maintaining responsibility of marital property where ex-wife, marital child, & non-biological(Step child) continuously reside [June 2021]. I voluntarily initiated Child Support action resulting in court ordered $1205.00 monthly garnishments [February 2022]. Divorce finalized, Incorporating self-prepared separation agreement granting ED of marital property [November 2022]. Ex-wife refuses to take proper responsibility to obtain custodial housing under her own after privately agreeing to move out of marital property by February 2023. I continuously pay mortgage($1275.00) on marital property as it is a VA Loan, as well as continuously provide support for Step child in-leu of support from biological father(out-of-state) in Georgia. Custodial parent, ex-wife has not demonstrated any attempts to move out of marital property or provide for reimbursement of Mortgage payments accrued while separated and subsequently divorced for, as of now the past 21 months she has lived rent free. What can I do to be fairly reimbursed for overpayment of post separation support? Or should I sue at this point?

Unless the terms of your separation agreement provide for a reimbursement of mortgage payments, you are not guaranteed to get them.

Instead, you will likely need to sue your ex-wife for breach of contract assuming the terms in the separation agreement are clear that she was to move out of the former marital residence by a certain date and she has failed to do so.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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