What happens if a spouse moves out of the house, gets an apartment and stops paying towards the mortgage of the marital home? Can you make the spouse that moved out financially responsible?
As you can guess, this happens quite frequently for Bucks County divorce lawyers and their clients. What can you do?
The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance. Similarly, the court will assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee's net income (including amounts of spousal support, alimony pendente lite and child support), the court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony pendente lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation.
When the court looks at "mortgages", this includes any and all secured debt on the home, including a HELOC and second mortgages.
I had a case a long time ago where the spouse in the marital home moved for a mortgage adjustment, yet she was not making mortgage payments and the home was going towards foreclosure. Fortunately, we successfully argued in the Bucks County Court of Common Pleas that the mortgage adjustment should not apply, saving my client thousands of dollars.