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Conference quark::mennotes-v1

Title:Topics Pertaining to Men
Notice:Archived V1 - Current file is QUARK::MENNOTES
Moderator:QUARK::LIONEL
Created:Fri Nov 07 1986
Last Modified:Tue Jan 26 1993
Last Successful Update:Fri Jun 06 1997
Number of topics:867
Total number of notes:32923

572.0. "Child Support+Father=Debt?" by MPGS::SHRCAL::BOYAN () Thu Mar 07 1991 15:06

   I would like to share with this community a particular issue regarding
what I perceive as bias against single non-custodial fathers by lending 
institutions.

   The Story:

   I was divorced four years ago.  Lost everything.  Ex-wife awarded
custody of children, I ordered to pay child support.  Ex-wife granted
sole use and occupancy of marital home and financial maintenance thereof. 
Marital property to be sold when youngest child attains 18 years of age
(nine years from now) or if she remarries first and equity (presently
appraised at $72,000) split 50/50.  Standard arrangement.

   Last month my Ex petitioned the the Probate Court to consolidate the
first and second mortgages on said property to a single mortgage under
her name only and to be given permission to borrow against her half of
the equity without my signature approval.  It was granted.  That judgment
also stated that I am no longer responsible to the old or new mortgage 
and that my half of the equity is still protected under the prior Divorce
Decree and shall not be infringed upon by her.

   No bad, I thought.  No debts, no liens, and no mortgage.  And I still
have approximately $35,000 in equity.  So I went on down to my local 
credit union (of which I have been a member in good standing) to apply
for a loan under their Home Equity Loan Program of which they are currently
promoting to all their membership.  Boats, cars, vacations, home 
improvement, etc.

   I had an appointment with the Mortgage Representative and discussed my
current financial situation.  She stated that upon a current appraisal I
would have borrowing power of 70% of said equity.  I had determined that
due to the current affordibility of homes (Massachusetts) that under this
program I might be able to use my equity as leverage and purchase a 
property, say between $50,000 - $60,0000.    

  So an application was filled out.  Things looked promising until I
volunteered that I also paid child-support.  The mortgage rep then stopped
the process and stated that I was unqualified to obtain a loan of any type
because my child support was considered a "debt" and as such is considered
a financial liability.  When I asked why, the rep said that the child-support
amount is deducted from my living expenses (rent, utilities, etc.) and the
remaining figure showed that I could not afford a mortgage.  I stated 
that I have indeed been able to afford rent, utilities, car payment etc.,
support my children and be financially responsible all along.  And if my
children were in my custody then the expense of raising them would be
naturally incurred anyway and would then not be considered a debt. I also
suggested that had I been a woman, single-head-of-household with children
and listed on the application as a "home-maker", on that basis alone I could
not be denied a loan.  She agreed and also offered an apololgy in that her
hands were tied and that it was Federal guidelines to her institution to which
the credit union must adhere.  From there I went up the ladder, but the 
story remained the same.  Support of my children is considered a 
financial liability.

   This is all quite upsetting to me.  In 95% of all divorces in 
Massachusetts custody and support are awarded to the mother.  And though
I am responsible in supporting my children, I am further denied the 
opportunity to participate in our free economy, however qualified, because
I do not have custody of my children.  They are considered a "debt".

  Has anyone else here had this problem?  Am I seeing this the wrong way?
Is there anything I can do or should I just take my lumps and forget it?  
 
                                                Ron
T.RTitleUserPersonal
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572.1QUARK::LIONELFree advice is worth every centThu Mar 07 1991 15:2324
I sympathize, but I also see their point.  Child support is indeed an expense,
and your ex could use it as income to support a loan application (but she's
also, supposedly, spending it on the kids.)

Your hypothetical homemaker with no income would not qualify for a loan
without income.

I think what is irritating you is that they can identify child support as
a fixed expense, whereas if you were still married (or had custody), the
expense of providing for the kids is not so easily identified.  Yes, there
is an inequity there.

I found myself that credit unions as of late are being EXTREMELY stingy, and
will jump at any opportunity to deny you a loan.

I'd also point out that your "equity" in the home your ex occupies isn't
something banks/credit unions will be readily willing to loan against,
since they'd have a very hard time collecting should you default.

In hindsight, what you should have done if possible was to have your
ex remortgage and "buy you out" at the time of the divorce, if possible.
"Standard" arrangements such as you made are nothing but trouble.

			Steve
572.2FSTTOO::BEANAttila the Hun was a LIBERAL!Thu Mar 07 1991 17:5412
    Ron...
    Similar thing happened to me last year when applying for a loan to
    re-finance our home at DCU.  All went fine until the loan officer
    "discovered" I was making support payments.  Like yourself, I had no
    notion at all  that those expenses were treated as a financial
    liability on the application.  It almost killed the loan.
    
    Like (-1) said, though, I am really surprized that ANY financial
    institution would consider your equity in the house your ex lives in as
    collateral for a loan.
    
    tony
572.3Been there...MR4DEC::SLIEKERThu Mar 07 1991 18:158
    Don't bother fighting problems like this, just go around them. When
    you apply for your loan at the next bank in line you'll know what not
    to say. I have 4 pieces of property but I wouldn't have any if I
    hadn't kept my mouth shut. Just tell them exactly what they want
    to hear and they'll fill out they're little pieces of paper and
    everyone one will be happy. These people only care about their
    silly little rules not the end result. Just tell them the right things
    and you'll get what you want...
572.4PELKEY::PELKEYPelican's wings been clipped. Film @ 11Mon Mar 11 1991 14:128
re:3,,
<<These people only care about their silly little rules not the end result.
<<Just tell them the right things and you'll get what you want...

			


			aint that the truth.
572.5Say Huh?CSC32::M_EVANSMon Mar 18 1991 18:4014
    I find that paying child support is a liability, I couldn't use it
    toward my income on a mortgage application, "Because ex-husbands are
    notoriously bad about paying support after the first year"  (Particular
    loan officer for a mortgage company)
    
    Although in my case she was correct, I find it hard to believe that
    they then turn around and tell a support payer that that is considered
    a dept.  It isn't deductable for a support payer, nor is it income to
    the payee for tax purposes so I don't consider it real money.  since
    the banks won't accept my now nonexistant child support payments as
    income for loan puurposes, I damn sure wouldn't mention it as a
    liability.
    
    Meg
572.6Been there too....IMCAD::ESTESMon Mar 18 1991 18:5513
I experienced the same thing.  I was in the process of getting a house loan and
when the Long term debts came around to child support - I got bounced in 
exactly the same way.  I found the inequity rediculous and rguing did no good
and got the same hands being tied message.  

It would seem that, to be fair, the banks etc. should factor child support
for all in the same way.  If you have children, couples or not, they count 
towards your LTD.  The current method of only counting real child support $
is unequitable and forces undesirable solutions like .3.    

My 2c

	Stu 
572.7You certainly have to fudge something...NOVA::FISHERIt's SpringMon Mar 25 1991 10:177
    It's nothing new.  They count child support as a debt of x% of income
    and if total indebtedness exceeds their guidelines of 33 to 40% then
    you don't get a mortgage.
    
    You almost have to lie to get a mortgage.
    
    ed
572.8BTOVT::SCHILLERBeth Schiller &quot;Ski 'til you drop!&quot;Thu Apr 04 1991 10:5343
This note is from the NON_CUSTODIAL notes file.....My S.O. can't even get
away with not telling the bank about his child support as his EX won't
let him off the mortgage....read on....

-------------------
Hi!

This is my first time in this notes file so you will all have to excuse me
if this question has already been addressed.

My S.O. has just gone through divorce and we are now trying to understand
the ramifications of the settlement for future real estate buying power.

My S.O. and his ex had come to an agreement that she would stay in the house
until the kids were 18, or she remarried, or she missed 2 payments in a
12 month period.  The court asked that the EX take a secondary mortgage out
to assure my S.O. of 1/2 the current equity plus 6%/year (simple interest)
until the house was sold.  In return, my S.O. was told to sign over a 
quit claim giving her full title of the house.

The problem we are facing is....

	The banks don't seem to care about the secondary mortgage deal and
	will hold my S.O. accountable for the entire first mortgage since
	his name is still on it.

	The bank also sees that child support payment as a large porsche
	car payment, thus throwing the debt income ratios way, way out
	of proportion.

	So basically my s.o. is a liability when it comes to applying 
	for a mortgage in the future.  First he hold the first mortgage
	entirely, with no title and then he has a porsche payment to boot.


Lastly, with favorable interest rates, we have already come to the conclusion
that the EX have enough income (debt ratios being o.k.) to support the 
mortgage on her own.  She will not do so though , because of spite.  Does
anyone have some insight as to how this could be solved........

Thanks

Beth
572.9NOVA::FISHERIt's SpringThu Apr 04 1991 12:2012
    What you need is a mortgage broker to find someone who is willing to
    accept your mortgage and the associated risk.  This usually costs a
    point or two more as well as another .5 to 1% interest (look at the
    money as bribes).
    
    I had to get the ax to sign a paper saying that she was paying the
    old mortgage and produced copies of cancelled checks and Citicorp
    accepted that.  I have since read that Citicorp has a portfolio of
    high risk mortgages.
    
    Good luck,
    ed
572.10One possible solutionBNCHMK::BMGUESTMark Henson @MMOMon Apr 15 1991 20:011
This seems to be something that is happening as a result of the times.  When