TLDR
- Lock in housing stability first: determine who lives in the home and the custody plan with court orders to prove a stable address.
- Work with a Florida-savvy mortgage broker. Compare fixed-rate options (15- or 30-year). Aim for DTI < 43% and a credit score around 620+ (FHA can be lower; VA if eligible).
- Gather documents: 2 years of tax returns, 2–3 pay stubs, 2–3 months of bank statements, divorce decree, parenting plan or temporary custody order, ID, and any child support/alimony docs.
- Shop for quotes: get Loan Estimates from at least two lenders and a Florida-savvy broker; lock the rate when the file is solid and you have a good estimate.
- Budget now: monthly PITI + child costs + reserves (3–6 months). Confirm local property taxes and flood insurance with a Florida-savvy broker.
- Legal basics: consult a family-law attorney about Chapter 61 issues; ensure orders are written for lenders (FS 61.075, FS 61.13). Have counsel review mortgage papers before signing co-ownership or refinances.
- After closing, stay organized: keep records, note custody/support changes, and watch for lender overlays that could affect income.
Quick situation check
She verifies post-divorce housing needs first. The checklist starts with who will live in the house, where the children sleep, and the custody plan that shows a stable address.
Florida family law references used later (Chapter 61) help show custody and parenting-plan expectations. Court orders and a parenting plan are useful documents for lenders and for budgeting child-related costs.
Lender & loan basics to compare
She compares fixed-rate options and term lengths. Fixed 15- and 30-year loans are common. Aim for a low interest rate and a stable monthly payment.
Targets and common rules of thumb:
- Debt-to-income (DTI): aim below 43% for most qualified mortgages.
- Credit score: target 620+ for conventional loans; FHA can accept lower scores with larger down payments.
- Down payment: conventional loans often need 3%–20%; FHA commonly offers 3.5% down; VA may offer 0% down if eligible.
Work with a Florida-savvy mortgage broker who knows local taxes, flood insurance requirements, and common lender overlays in the state.
zillow, nolo, and avvo can help with local lender basics and attorney searches.
Action checklist: documents and lender steps
Follow this checklist in order. Each step helps qualify for a mortgage and lock a stable payment.
- Check credit reports from all three bureaus. Dispute errors now.
- Gather documents: 2 years of tax returns, 2–3 pay stubs, bank statements, divorce decree, parenting plan or temporary custody order, ID, and proof of any child support or alimony received.
- Compare products: 15- vs 30-year fixed, FHA, VA (if eligible). Ask for Loan Estimates from multiple lenders.
- Lock rate after receiving a good Loan Estimate and when the loan file is stable.
- Consult an attorney about property division and the mortgage obligation before signing co-ownership or refinance papers.
Documents explained (tap to expand)
Tax returns show income continuity. Pay stubs and bank statements prove cash flow and reserves. The divorce decree and parenting plan show custody and any support terms lenders may consider when calculating DTI.
Budget plan: housing + child costs + reserves
Make a simple monthly budget. Include mortgage PITI (Principal, Interest, Taxes, Insurance), child costs, and an emergency reserve.
- Child costs: daycare, school supplies, extracurriculars, health care co-pays, and transportation.
- Reserves: aim for 3–6 months of total expenses on hand at closing.
- Insurance and taxes: verify property tax rates and flood insurance for the property location.
- Use a Florida-savvy broker or loan officer to check local insurance and tax figures before final approval.
Legal guidance and custody references
Do not guess how custody or support will affect mortgage qualification. Use written orders.
- Co-ownership split
- Equitable distribution may apply. See Florida statute citation: FS 61.075 for distribution issues to raise with counsel.
- Custodial schedule
- Parenting-plan terms and time-sharing affect living arrangements. See FS 61.13 for parenting-plan guidance.
- PITI
- Principal, interest, taxes, and insurance. Lenders use this number when calculating monthly housing cost.
She should consult a family law attorney for Chapter 61 questions and to confirm how court orders read to lenders. Online help sites like legalzoom or attorney directories on avvo can help find counsel; a local attorney verifies how orders read in mortgage underwriting.
Takeaway and first three steps
Follow law-informed steps to keep home stability. Keep records and keep the mortgage file clean.
- Gather court orders, income docs, and 3 months of bank statements.
- Get Loan Estimates from two lenders and a Florida-savvy broker review.
- Set aside 3 months of reserves and lock a rate once underwriting conditions are clear.
Extra tips for comparing lenders
Ask about lender overlays, required reserves for non-standard custody situations, and whether child support documentation will be counted as income. Request a written explanation if a lender refuses to count recurring child support.
| Type | Notes and common lender view |
|---|---|
| Single-income | Higher monthly burden. Lender counts all housing costs against one income. Strong reserves and low DTI needed. |
| Split/co-ownership | Shared costs. Lender may require both incomes documented and both credit histories reviewed. |
| Child-support counted as income | Documentation required. Lenders usually want a history of receipt or a court order showing recurring payments. |
| Temporary custody changes | Lenders need stability. Short-term schedule changes can complicate income calculation. |
| Considerations: compare DTI rules, reserve requirements, and whether child support is stable. Use search terms like "FHA child support income policy" or "lender overlays Florida" when researching lenders. | |
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