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Mortgage- are we allowed to go back to court to get the $4000 back?

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  • Mortgage- are we allowed to go back to court to get the $4000 back?

    When my (now) husband got divorced from wife #1, they agreed to him paying the second mortgage in lieu of child support. The decree states "The monthly payment is currently in the amount of $511.77. Husband shall be responsible for the timely payment of all monthly payments due under the Second Mortgage"....19 months ago, wife #1 apparently had a rate modification done, which dropped the interest rate down 8% and took the monthly payment down to $310.00. However, she failed to mention that. So for 19 months, she has been pocketing the extra $200, not applying that to the mortgage premiums. We are in Pennsylvania - are we allowed to go back to court to get the almost $4000 back that we overpaid in these past 19 months, or to maybe just not pay the current mortgage until that dollar amount is paid back? Also, it states in their divorce decree that if either party breaches the "contract", that party would be held responsible for any and all legal fees associated if hiring an attorney is needed to resolve the issue. Can anyone clear this up for me and maybe lead me in the right direction? Thanks in advance!!!

  • #2
    re: Mortgage- are we allowed to go back to court to get the $4000 back?

    I wish to inform you that your husband can go to court and seek recovery or adjustment of payment of amount he has paid in excess of mortgage payment. As mortgage payment was reduced thus his liability to pay should have been reduced and by not informing mother has breached her duty and had taken money in excess of what was due.

    AFF

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    • #3
      Re: Mortgage- are we allowed to go back to court to get the $4000 back?

      That said, expect the court to calculate child support based on the state formula, offset that against the $4000 and make it an order going forward.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Re: Mortgage- are we allowed to go back to court to get the $4000 back?

        The divorce order states that she can not go back for child support becuase they were in agreement that she would not go for support in lieu of him paying the second mortgage, regardless of what that amount is.

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        • #5
          Re: Mortgage- are we allowed to go back to court to get the $4000 back?

          She would not be the one going back in this situation. The court will consider the childs best interest, in accordance with the child support calculations for your state and order accordingly.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            Re: Mortgage- are we allowed to go back to court to get the $4000 back?

            Originally posted by jd5235 View Post
            When my (now) husband got divorced from wife #1, they agreed to him paying the second mortgage in lieu of child support. The decree states "The monthly payment is currently in the amount of $511.77. Husband shall be responsible for the timely payment of all monthly payments due under the Second Mortgage"....19 months ago, wife #1 apparently had a rate modification done, which dropped the interest rate down 8% and took the monthly payment down to $310.00. However, she failed to mention that. So for 19 months, she has been pocketing the extra $200, not applying that to the mortgage premiums. We are in Pennsylvania - are we allowed to go back to court to get the almost $4000 back that we overpaid in these past 19 months, or to maybe just not pay the current mortgage until that dollar amount is paid back? Also, it states in their divorce decree that if either party breaches the "contract", that party would be held responsible for any and all legal fees associated if hiring an attorney is needed to resolve the issue. Can anyone clear this up for me and maybe lead me in the right direction? Thanks in advance!!!
            Child support is calculated on the party's earnings and the expenses of the child. When the decree was entered, it apparently was a trade off of dollars, my best guess. "$500 in child support vs $500 mortgage payments."

            Whether it's worth your husband's time,especially if the losing party is responsible to pay the other's attorneys fees, it would seem wise to consult with a family law attorney who is privy to the court file. From the filed financial statements the lawyer could then advise what he or she thinks the outcome of a motion would be.

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