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In-kind child support?

post #1 of 5
Thread Starter 
According to MA law: "Occasionally, courts endorse or order in-kind child support payments. For example, divorce settlements will
sometimes include a requirement that the noncustodial parent pay for the mortgage or the rent on the home in which
the custodial parent and the child live. In other cases, it may be advantageous for you to ask for such an in-kind
order as part of the child support obligation."

does anyone have any experience with this?
post #2 of 5
My friend agreed to this. Then ex got mad at her and evicted her on one months notice. It took over a year to get into the courts, and during that time she really really suffered and struggled. I say get the money every month and put it where you want to. Child support enforcement isn't really set up to force mortgage or rent payments.
post #3 of 5
Part of my husband's C/S to his 1st ex-wife (back before we were married) involved direct payment of her mortgage, homeowner's insurance and property taxes. This worked great, because her earnings are inconsistent and she's sometimes impulsive about spending on things like going out to eat and then doesn't have enough to pay her essential bills. So having my husband do that eliminated the potential threat of their kids losing their primary residence. This also worked well because she and my husband co-parent and communicate well. If something came up, forcing my husband to make a late payment, he would call and warn her that she might get a late notice in the mail, but explain that he would receive a large payment on a contract mid-month and make the payment then and pay the late fee. And she trusted his commitment to fulfill his obligations and would not take advantage of such a situation by having him prosecuted as a dead-beat dad.

What you want to avoid is the situation we currently have, with his more recent ex-wife. She's supposed to pay a form of in-kind child support, but she takes a lot of liberties with it, leaving my husband perplexed about whether to try to correct it in court, or let it go. In all the he said/she said that would go on in court, he will probably wind up looking like the jerk (for "nickel-and-diming" her, after he already won custody), even though she is the one being irresponsible about her financial obligations to their kid.

It's important that an in-kind arrangement be very specific about how much the payor owes; exactly what is to be paid in-kind; as specific an approximation as possible of how much that costs (i.e., how much of the total C/S obligation is fulfilled by that payment) and what the penalties are, for non-payment. It also helps if the couple can communicate civilly, if/when unusual circumstances crop up.
post #4 of 5
A good friend of mine has this arrangement and I think it's a huge mistake in her situation. The house was not marital property, it is his. When they divorced it was agreed she stay in it without paying rent instead of receiving child support. He is crazy controlling and put all kinds of extreme conditions in the lease. (No non-relatives allowed indoors, so even neighbors are technically not allowed inside, etc). Plus he violates terms of the lease all the time, by coming in when no one is home. The biggest concern being what was posted earlier, that he could evict her and she would have to go back to court to get child support ordered.
post #5 of 5
Thread Starter 
Thanks ladies, sounds like something I will want to avoid
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