How does this work?
Ok, so this is only my 3rd post but I'm hoping someone here will have some info or experience with this situation. My SO & I have been together for 5 1/2 years now. He has full custody of his 2 kids the whole time b/c BM was addicted to prescription meds & has been in & out of rehab all these years. She used to get them EOWE but hasn't seen or spoken to them since Christmas Eve. There were a few more of these instances where she went months without seeing them or speaking to them. She has never paid a dime of child support for them or paid for anything for them in general. When her & my SO divorced, he signed papers saying that if he ever moved or re-financed the house, he would pay her $10 grand. Well, 4 kids in a 3 bedroom house is getting more difficult, especially as they get older. We have listed our house before but never had any serious offers. We may have one now. I would love to sell his house & move into a larger one. The problem is is her name is still on the house loan too. She does not deserve any money as she has never supported her children nor does she even see them anymore since she has started doing meth & dating a rapist. Her children don't even want to see her anymore. Is there a way to get around paying her? We don't even know where she is anymore since last we heard, she & her boyfriend were kicked out of a motel. I would rather live in the cramped house than to give her a dime but I don't know how to get around it. Anyone have any experience with this?
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OMG. My heart rate just
OMG. My heart rate just soared. I thought you were the BM in my case for a moment and I was about to delete the heck out of my blogs.
Perhaps you could sue her for
Perhaps you could sue her for back child support which will likely be much higher than 10k which would wipe the slate clean.
This may not seem helpful but
This may not seem helpful but I think your SO pretty well screwed himself out of 10k with the divorce papers. Unless there is some way she would agree to 1. being taken off the mortgage..which would involve a refinance or 2. agree to not taking any money from the sale I think he is pretty much going to have to eat it.
Giving 10k is hard to swallow but in all honesty at some point she probably lived in, paid for and kept that home. 10k is what they both agreed upon.
She has actually never paid
She has actually never paid for anything. She has barely held a job longer than 2 months in her entire life. My SO has always paid all the bills. The thing that kills me about it is the bank let her re-finance the house by herself right before they separated. His name is on it too & they never called him or had him sign anything. It would be paid off if she hadn't re-financed it to buy drugs. She would never agree to take her name off b/c for some reason she thinks that she deserves that 10k. It just pisses me off to have to give her anything b/c we all know that if she gets it, it will all go to drugs. Her own parents won't even give her money anymore & they kicked her out of their rental house.
If he has a child support
If he has a child support order and she hasn't paid, he can get the disbursement unit to garnish whatever proceeds she gets from the sale of the house. If I were him, I'd want her off the house anyway.