Mortgage/Car pmnts in lieu of Child Support


My husband and I have been separated for 2 years. I have stayed in our marital home since the date of separation. (He currently co habitates with his girlfriend) My husband believes that he deserves half of the homes current equity since he has been making the mortgage payments in lieu of Child support. (he also pays 1/2 daycare and he pays for the car I drive, which is in his name)

We don’t have a separation agreement.

Is he entitled to half of the equity that is available today?

If he is awarded the equity, can I request back child support that he didn’t pay directly to me?


Under the equitable distribution statute he is entitled to one half the amount of equity in the home as it existed on the date of separation, and may also be awarded one half of any principal reduction that he has contributed to since that date.

You can request back child support, if you were to file suit, and would have to show actual expenses to receive reimbursments.