• Page:
  • 1
  • 2

TOPIC: CMS & Outgoings

CMS & Outgoings 1 month 4 days ago #111925

  • si1991
  • si1991's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 9
  • Thank you received: 0
Hello MWall66,

We agreed to pay 36.94p in the £

We pay £100.00 PM

The IVA Was a joint application and all debts were together, Mortgage was not part of the IVA but will need to see if i can re-mortage in the 5th year which won't be possible as no one will do it so it goes on for another year.

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 4 days ago #111927

hi,

if you want to go to court for child arrangements, then you need to speak to a family mediator first. you should be able to book a call for £100 or less. if they think there is no point inviting your ex to mediation, they will give you permission to apply to court.

Please Log in or Create an account to join the conversation.

Please consult a qualified professional for legal advice.

Whatever your situation Zoom counselling with qualified counsellors can help. You might like to be in touch for your secondary school aged children, or it could be you need support for yourself. To find out about costs or whether you qualify for funding (for example if you are on a low income or benefits) leave your details on this link and we will be in touch:

www.dad.info/online-zoom-conselling

CMS & Outgoings 1 month 4 days ago #111928

  • si1991
  • si1991's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 9
  • Thank you received: 0
Hello Bill,

If we go down that route would the CMS accept that as 50/50 custody?

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 4 days ago #111929

hi,

if your able to get 50/50, then it would depend on the wording of the court order. if it states something like 50/50 equal day-to-day care of child, then that should be good enough for CMS.

Please Log in or Create an account to join the conversation.

Please consult a qualified professional for legal advice.

Whatever your situation Zoom counselling with qualified counsellors can help. You might like to be in touch for your secondary school aged children, or it could be you need support for yourself. To find out about costs or whether you qualify for funding (for example if you are on a low income or benefits) leave your details on this link and we will be in touch:

www.dad.info/online-zoom-conselling

CMS & Outgoings 1 month 4 days ago #111930

  • si1991
  • si1991's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 9
  • Thank you received: 0
What i mean Bill is that if it didn't get to court it just went to mediation and they agreed 50/50 would that be surficient for the CMS

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 4 days ago #111931

yes you could try get a consent order written up and agreed during mediation. and that way you don't have to go through court.

Please Log in or Create an account to join the conversation.

Please consult a qualified professional for legal advice.

Whatever your situation Zoom counselling with qualified counsellors can help. You might like to be in touch for your secondary school aged children, or it could be you need support for yourself. To find out about costs or whether you qualify for funding (for example if you are on a low income or benefits) leave your details on this link and we will be in touch:

www.dad.info/online-zoom-conselling

CMS & Outgoings 1 month 4 days ago #111932

Hi, OK. sorry wasn't clear a joint CVA, sometimes a mortgage can be included, but rarely and obviously will not be able to re-mortgage until the IVA is finished

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 4 days ago #111939

  • si1991
  • si1991's Avatar Topic Author
  • Offline
  • Fresh Boarder
  • Fresh Boarder
  • Posts: 9
  • Thank you received: 0
With me living in the mortgaged house and paying the ex's half too would CMS consider any of this at all with my payments? Or take off what the ex would be paying off my salary?

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 3 days ago #111950

Hi

A joint mortgage like any joint debt means you are both jointly and severely liable for the full amount. There is no such thing as your half or her half of the payment. That is an agreement between you two. From the banks perspective you both agreed to ensure that the full amount of the mortgage is paid irrespective of who pays what % towards it each month.

Unfortunately as you still own it then no CMS will not consider it in their calculations. The fact that you want to keep it for the kids etc is of no concern to the CMS after all you could sell the property and then rent a place etc or various other options. CMS only deal with the amount you have to pay your ex and not where the kids will live or spend time with you etc.

Please Log in or Create an account to join the conversation.

CMS & Outgoings 1 month 3 days ago #111952

only thing I can find about CMS and mortgages is:

You can apply for a ‘special expenses variation’ for:

making payments on a mortgage, loan or insurance policy for the home that the paying parent and receiving parent used to share – the receiving parent and the child or children must still live in the home and the paying parent must have no legal or ‘equitable’ interest in it (must be at least £10 a week)

www.gov.uk/government/publications/how-w...ut-child-maintenance

Please Log in or Create an account to join the conversation.

Please consult a qualified professional for legal advice.

Whatever your situation Zoom counselling with qualified counsellors can help. You might like to be in touch for your secondary school aged children, or it could be you need support for yourself. To find out about costs or whether you qualify for funding (for example if you are on a low income or benefits) leave your details on this link and we will be in touch:

www.dad.info/online-zoom-conselling

CMS & Outgoings 1 month 3 days ago #111954

Cheers Bill, I knew it was explained in the guidelines somewhere.

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
  • 2
Moderators: Samantha Downes