How much $ can the courts take from my pay for child (1) & spousal (6 yrs) support when we owe a large debt on our mortgage?

Asked over 3 years ago - Rohnert Park, CA

Will I (the father) have to foreclose on our house in order to pay both the child support and spousal support? I don't want to loose my daughters home but I have no choice after the amount of child support and possible spousal support my wife is going after. I was the primary provider while we were married. Do the courts take into account our mortgages that are in both of our names? Currently she only works part time.

Attorney answers (2)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . Your obligations to support your children and your spouse come ahead of your obligation to pay other debts. The court will absolutely NOT consider the mortgage in setting child support, and will consider it only minimally in setting spousal support. What's the long-term plan for the house?

    You need to review ALL the details of your financial situation with an experienced family law attorney to sort this out.

  2. Gerald Anthony Maggio

    Contributor Level 11

    Answered . Your legal obligation to support your child and to pay court-ordered spousal support take precedence over your mortgage and other debts. There are several factors that your question does not address, such as whether your mortgage debt exceeds the value of the marital home. Your situation is one that I believe you need some legal advice on, and I recommend that you consult with a family law/divorce attorney in your area for such advice and an explanation of your rights and the law. Good luck...your situation is a common one and one that makes divorce a difficult situation to navigate through.

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