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#773825 - 07/17/17 02:43 PM Dissolution question
amg140 Offline
recently joined

Registered: 07/17/17
Posts: 3
Hello,
My wife and I have agreed that it is time for a dissolution. Since we have kids in daycare, we have decided to wait until they are in school full time to get this finalized. That will be next fall. We are proceeding with the dissolution, but are staying together until the kids are in school full time.

Here is my question, My wife wants to keep the kids in their current school system, which I agree is best for them. The concern is my wife wants to keep the house, but she can't afford it without help. Without giving numbers out, I am currently about 70% of our income. It has been proposed been in lieu of paying child support/alimony, I would cover the mortgage. The time frame has yet to be determined. Once timing is finalized, do you think this proposal is fair? Any insight is greatly appreciated.

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#773982 - 10/05/17 10:15 AM Re: Dissolution question [Re: amg140]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
One of the problems is that child support cannot be legally bargained away. You could both agree to what you proposed and she could apply for child support the next day and will get it.

Even if she doesn't do this, if she ever applies for any kind of aid, she must by law hand over her child support case to the state and they will come after you.

It's always wise to 100% separate yourself financially from your ex spouse. So, if she can't afford the house, it should be sold.

I doubt a judge would agree with your proposal. They would first want to know if child support/alimony would be more than the mortgage. Secondly, even if it was less, they would warn you that child support can revisited at anytime, and will override your decree and would have to paid up and beyond the mortgage.

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