A follow-up question. My ex lives in marital home with our 15 yr old minor son. I moved out in August 09. She finally divulged her income in 2010: $4583/month. Mine is $8500. She refused to cooperate in setting a CS figure. So I used your CS calculator, and gave her a printout and a check on Jan 15th for $834.86 as the first CS payment. To date she has not cashed the check. She did however, borrow $1289 on our old joint HELOC. That is the amount of the monthly mortgage payment, including taxes and insurance. To date she has not made the Jan 31st mortgage payment. I’ve put a block on any further borrowing by either of us on the HELOC.
In addition to CS to her, I am paying all of the direct costs of college for our oldest son: about $1420 on a monthly basis. So my question is, if she just refuses to pay the mortgage and I have to step in and do so in order to protect my credit, is there anything I can do? I directly paid the mortgage during the balance of 2009 while living elsewhere. However we can file a joint tax return for last year. Beginning this year we cannot do that, so I get no deductions. She has retained a lawyer, but I have not heard anything, nor do I know if my ex’s actions are on advice or just on her own. I don’t understand, but I have about had enough. Can you actually evict your ex-wife?