I take it that the quick claim deed gave her the house, If so if shes behind she is responsible and you cannot make payment towards the house and use it that for a reason not to pay the court orderd support.
Are there any alternatives to ensure my credit is not affected, should she decide to become delinquent?
Make her refiance the house and get your name off the deed and mortgage. This really should have been in the seperation agreement giving her a resonable length of time say 6 months to do so. Until then that happens the only choice you have is that if she falls behind you take her back to court for violating the agreement and request the judge modify the order so that you can pay mortgage and send the balance of child support to her each month along with proof of payment for the mortgage. But even that will not save your credit.
jnewman
My separation agreement states that the wife is responsible for all aspects of the home she is keeping (rent, repairs, taxes, etc.). This property is in my name only. A quit claim deed was done.
Question: If she falls behind in the house payments (thereby affecting my credit), can I send the payment directly to the bank and deduct the difference from the childrens alimony? She gets no spousal alimony. If this is not possible, what can I do if she falls behind or refuses to pay?
Need a legal opinion.