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#750889 - 06/19/12 08:09 PM Tried to be nice, now its biting me in the butt...
Mobjack Offline

recently joined

Registered: 06/19/12
Posts: 2
When my ex and I separated, I agreed on a certain amount for child support and I also agreed to some extra to help her with the equity line on the house (which was very little more than clothes and some collectibles.). This agreement was drawn up by us and not the courts. When I moved out, I took only what was mine prior to the marriage and nothing else. I also signed away any rights to the house or profits if sold. Its been 3 years that I have been paying on the equity line and I dont think I should have to anymore. Our custody and support documents were drawn up on our own and we both signed and had them notarized. Is there any way I can get out of the equity line payments now or am I stuck until the child turns 18?
Thanks in advance.

#750890 - 06/23/12 02:50 PM Re: Tried to be nice, now its biting me in the butt... [Re: Mobjack]
BeachBabeRN Offline
Carpal \'Tunnel

Registered: 01/17/06
Posts: 3236
Loc: VA for 21 years, NC forever!
Without a court order, you are obligated to pay nothing, including child support. What you've already paid will NOT count toward any support that ir ordered, it's considered a gift.

Is your name on the mortgage to the house? And I'm confused by your use of the term **equity line** Is this an open line of credit collateralized by the house?

Have you checked to see what you should be paying in child support by looking at the state statutes?

Essentially, you're at ground zero. Your agreement does constitute a separation agreement, now you need to memorialize it in a divorce decree. If you don't want to pay on the equity line, that's something that will need to make it into the court order.

You can simply stop paying on the equity line with little or no penalty, I would think. Continue paying the agreed upon amount for child support but make sure it meets state guidelines.


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