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TOPIC: child maintenance and mortgage payments

child maintenance and mortgage payments 3 months 1 week ago #96729

  • beemer1
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Hi ... thanks for reading

I left the family home 12 months ago there is 140 k equity in the house which is currently with solicitors for a financial settlement

i am the sole person on the mortgage and my loability to pay which is £800p/m which also incudes an extra borrowing loan which was used for home improvments.

The issue arises is my ex doesnt wish to settle the finances and wishes to remain in the house my total outgoungs p/m were £1200 is i was still paying all the bills.

My solicitor advised me to stop paying the bills but now i have been given a letter from the CMS demanding £500 in mintenance payments... surely this cant be right as im still paying 800 p/m for the roof over their heads...

as my ex never worked and couldnt secure credit im left with all the debts along with my own living costs... im falling more and more into debt and need to start paying some off but with this it would just be impossible.

My ex has told me i can stay at my mothers and continue to pay everything as instructed by her solicitor ... im 42 years old surely this cant be right

Any info appreciated thanks

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child maintenance and mortgage payments 3 months 1 week ago #96731

  • Mojo
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I’m not all that clued up about the financial side of things, but I would have thought that as she isn’t on the mortgage you should be able to get her out, although you would need to go to court to achieve that. Has she applied for an occupation order?


I think, as far as CMS are concerned, if the property isn’t in her nam and you still have a financial interest in it, they won’t make any reduction on the amount they want you to pay.

For more info about your legal status as far as your property is concerned, you could try giving Shelter a call, but I imagine your solicitor should be able to advise you on the right route to take.

Sorry... I’m not much help.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.

child maintenance and mortgage payments 3 months 1 week ago #96736

Good evening I may be able to help you!

I work with somebody who is going through the same thing he has finally settled his divorce and it states in the financial agreement he continues to pay the mortgage however no child maintanance is to be paid as he is covering the whole mortgage payment every month to the tune of £900 pm

They have agreed the sell the house when the child is 18 for wich detailed is percentage of equity given to each party after the sale of the home.

So financial agreement signed in court is needed to protect you from CMS payments ,you shoukd not be paying other bills tho only mortgage.

Good luck!,always a storm before you reach rainbow

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child maintenance and mortgage payments 3 months 1 week ago #96739

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I’m not sure if beemer1 is actually married,or was cohabiting, my answer was geared to the latter. Different rules apply to non married couples that separate.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

child maintenance and mortgage payments 2 months 4 weeks ago #97039

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thanks for the replies ... she is refusing to enter into any financial discussions to top it off im being investigated by the police too ... she has told the CSA im not having my son at all which they said they act on the mothers wishes and i need to take her to court but i cant with the police investigation

another way to ruin me financialy as she is on legal aid living in a rent free house with child maintenance and im slowly slipping into an abyss of debt

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child maintenance and mortgage payments 2 months 3 weeks ago #97053

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Have you spoken to your solicitor and the mortgage supplier about this situation? They may agree to interest only payments until things are sorted out.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

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