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I am still married, but live separately from my husband. As in 1,000 miles away for the last 3 years. We have 2 children together and I take a "child support" payment from the joint account every month. He has psychiatric issues, so getting an actual divorce is not an easy thing. Will the pattern of that money showing up in my account every month serve as justification for it or do I need a legal document to be able to claim it?
As long as there is an agreement of some sort, it can even be a voluntary agreement, and then it may be able to qualify. The guideline is that it must be likely to continue for the first 3 years of the mortgage. You'll also need to provide evidence you've received it for the past 12 months, such as cancelled checks/deposit slips/tax returns/court records, etc.