What do I pay first,my child support or the court ordered mortgage payment if I only have money for one of them?

Asked over 1 year ago - Roanoke, VA

I lost my job this month and have filed a motion for modification of support.My last paycheck was on Dec.15 and the motion was filed the 19th.I am now ordered to pay $1350/month support and $1050 mortgage payment,how much would be considered a reasonable effort to pay the support.Obviously my children need a place to live but they also need their basic needs met.Should I neglect the mortgage and pay her what I can(reasonable amount ?) until I can get another job.

Attorney answers (1)

  1. Kristina Marse Beavers

    Contributor Level 9

    Answered . If you are successful in getting your child support reduced, the reduction will be retroactive to the date that you filed the motion. If you know your children's wife's income, you should be able to calculate the child support based on your new income.

    If you don't pay your child support, the mother may file an order to show cause why you should not be held in contempt of court for failure to pay your child support as ordered. If you are found guilty, it is possible that you could be sentenced to up to 12 months in jail. The court will take your efforts to pay into account when the judge makes his or her decision.

    If you don't pay your mortgage, it is possible that the mortgage company can foreclose on your home.

    I'm sorry, but you are in a tough situation and only you can make the decision about which payments to make. Hopefully, you will be able to get another job quickly.

    Kristina Beavers, Attorney at Law is located in Yorktown, VA and can be contacted at 757-234-4650. The website... more

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