Can my husband use child support to pay mortgage

UPDATED: Oct 1, 2022

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Can my husband use child support to pay mortgage

My husband and I have been separated for
more then 5yrs. No legal separation or
divorce. There is a current child
support order which he takes half to pay
the monthly mortgage to the house me and
my 3 children live in. The house is in
his name only but was purchased AFTER we
were married. Is this legal?

Asked on January 29, 2019 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he cannot do this, because the house is in his name, so by paying the mortgage with child support, he is benefit himself: he is taking money out of child support for his own benefit, to reduce how much he'd otherwise have to pay for or owe on the house. If the house were in your name and you and the children lived there, he could arguably do this, since paying for the roof over your head is as much support for you as would be handing you the moneyl...but again, that the house is in his name means that he is effectively diverting money from child support to himself. You could go to court for a court order that he stop doing this AND repay to you all amounts he took out of child support.

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