ADDITIONAL INFORMATION:

I divorced my wife 3 years ago. The judge awarded her full custody and residency (not ownership) of my home, even though my name (only) is on the mortgage loan. My ex has paid the mortgage late over the past two years, hurting my credit and has now moved out of the home. It appears she will try to let the home go into foreclosure, while still trying to make it appear that she lives in the home. I am engaged and expecting a new child soon. Is it reasonable to be reimbursed for her intentional financial negligence? Is it possible that I would get rewarded via child support allocation? Please advise.

ANSWER BY MARGARET L. CROSS-BELIVEAU:

As you are the legal title owner and the mortgagee, it is legally your responsibility to make sure the mortgage was paid on time.  If you are on the loan it was your responsibility to make sure the loan was paid on time.  Child support is earmarked for the child.  The fact that you are engaged and expecting is immaterial.

You should consult a family law attorney to determine if she is in contempt of the divorce agreement.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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