Question:
Is my monthly payment of the marital home mortgage considered a form of child support?
We are both on the deed to the house, but I am the sole borrower.
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania child support laws where I am licensed to practice.
In some states, with regard to a mortgage, if the non-custodial parent pays the mortgage and does not reside in the marital residence, then they may receive a credit or reduction in monthly child support payments.
However, please note that the reduction is generally not dollar-for-dollar but rather a proportionate share.
Therefore, if your child support order is higher than the monthly mortgage, at least where I practice, the child support would not be totally eliminated because of payment of the mortgage.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Caroline J. Thompson, contact Cordell & Cordell.