The amount of alimony is influenced by several factors, the main of which is the payer's income (most often, the father's). Sometimes mortgage payments remain on the ex-spouse. Many in this case want to reduce the amount of alimony through the court, but the court rarely agrees with the arguments.
After a divorce, many difficult issues arise that need to be resolved. Shared loans and other financial commitments further confuse the process. One of the uncertain issues is the payment of alimony for a mortgage.
Mortgage as a Reason for Reducing Alimony
Alimony is money given to disabled family members who live separately. When divorced, children become such. The parent (most often the mother), with whom the child stays, gets the right to dispose of the money in the interests of the child, but cannot spend it on himself. The mortgage is a joint undertaking.
If the mortgage was issued during marriage, both former spouses are obliged to pay it. Sometimes, after a divorce, a husband or wife finds themselves in a difficult financial situation when there are no funds for monthly payments. The situation is aggravated if child support must be paid.
Therefore, the former spouse believes that he has the right to refuse transfers of alimony or reduce them by the amount of the payment. But in reality, the mortgage and alimony do not affect each other in any way. A mortgage relationship arises between a divorced husband and wife, and alimony is a parent's obligation to a child. Repayment of mortgages and other loans does not go towards the maintenance of children, and therefore does not reduce the amount of alimony.
However, alimony payers often file an application with the court demanding a review of the payment amount. Most often, the courts refuse to satisfy these requirements. Another decision can be made only in the presence of certain circumstances.
When calculating the amount of alimony, only official income is taken into account. Mortgage and other payments are not deducted from earnings. Debts are considered secondary to the maintenance of the child.
If the apartment was bought on a mortgage by one of the parents before marriage, then both the housing and the loan obligations remain with him.
The mortgage received after the divorce, moreover, does not affect the amount of alimony. Moreover, a large loan issued by a bank is a confirmation of solvency and a reason to collect alimony arrears in court.
How to reduce child support
The court will reduce the amount of alimony only if convincing evidence of the occurrence of extraordinary events is provided. Mortgages are not such.
The court will take into account the following circumstances:
- Serious illness of the alimony payer or his closest relative, the treatment of which requires significant financial costs;
- Retirement;
- Dismissal from work;
- Disability.
In this case, mortgage payments can serve as an additional, secondary reason for reducing alimony. But only if the child lives in a mortgage apartment.
To reduce the amount of alimony, you must apply to the magistrate's court at your place of residence with a statement of claim. The application must be accompanied by a document confirming a decrease in wages, dismissal or reduction from work, a certificate of disability or illness, the appearance of dependents (for example, disabled parents). Complete this package with information about the mortgage payments for the home your child lives in.
Taking into account the totality of these circumstances and assessing the child's standard of living, the court can reduce the amount of alimony. But such an outcome does not happen so often.
Alimony to pay the mortgage
Alimony is money that is transferred to support a child. It is not recommended to spend them on mortgage payments. In this case, the ex-spouse may demand a lower alimony, since a smaller amount is spent on the children.
In addition, he can argue that the ex-wife has abused her position and demand compensation. If the court finds out that the documents submitted during the execution of the alimony were forged, the amount of payments may be revised, and the money already paid may be recovered from the violator.
Alimony also cannot be listed as a source of income when receiving a new mortgage, even if it makes up a large portion of the budget. The bank will not consider these funds as collateral for the loan, since the entire amount should go to support the child, and not to pay off the debt.
