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Ex going against terms of financial settlement

(12 Posts)
Savagebeauty Mon 04-Jan-16 19:01:34

Divorced last year. It was agreed I would live in family home, paying half mortgage till August 2017 by which time DS will have finished A levels.
Also agreed that ex would pay a fixed sum to cover bills and support dcs, to be reviewed every 3 months.

Dd went to uni in September, which brought first reduction in payment. No problem.
But now ex is desperate to sell the house this year as he needs cash. Now this is a man with 2 thriving businesses. DS tells me ex wants to buy another property to develop and also buy a bolthole abroad.

He texted to say its time for a review , and proposes to cut my money by a further £200.

Can he do this? He's clearly trying to make it extremely difficult for me to run the house .
Can he do this?

ImperialBlether Mon 04-Jan-16 19:04:36

I don't know why it had to be reviewed every three months. Was there a legal agreement?

Bawbles Mon 04-Jan-16 19:26:24

Was there a consent order? Is the amount of maintenance he currently pays broadly in line with the rate that Child Maintenance service would calculate?

Savagebeauty Mon 04-Jan-16 19:37:31

Yes it was ImperialBlether.
Mainly done as dd was off to university and he was then responsible for her financially.
He pays above the rate. He is wealthy.

Bawbles Mon 04-Jan-16 19:43:15

I have no experience of this but if he's paying above the rate plus covering half the mortgage that sounds fair.

Obviously that's without any knowledge of any other details/division of finances though.

RandomMess Mon 04-Jan-16 19:43:37

The terms weren't very advisable as they're not fixed.

I would be tempted to sell up provided he covers the whole mortgage until it sells...

It would surely mean being no longer beholden to him and a smaller mortgage sooner???

Savagebeauty Mon 04-Jan-16 19:48:51

Yes random a clean break would be great. The house is big and i have no love for it. Financially i will be fine when we sell .
My annoyance is that he is trying to push for an early sale because it suits him.

RandomMess Mon 04-Jan-16 20:16:04

Well I'd just use it to your advantage wink

Get your valuations in , tell him what you are happy to sell it for but in the meantime no reduction in monthly maintenance and he pays the full mortgage as he is it not being honourable in looking out for DS' best interests!

ImperialBlether Mon 04-Jan-16 20:17:20

In your position I think I'd go for a clean break now. Your son will be able to help you with a move. I would hate someone to have that kind of hold on me. Can you afford to move?

ImperialBlether Mon 04-Jan-16 20:18:28

Yes, what RandomMess says: use it to your advantage. If he wants to sell, go ahead but there'll be no messing around with reducing payments.

Savagebeauty Mon 04-Jan-16 20:21:52

Yes. I plan to rent for a while before moving to another part of the country to buy.
Thank you for your thoughts.

ImperialBlether Mon 04-Jan-16 21:05:35

Ok so if you plan to move away, presumably that wouldn't be for a while?

I think if you are happy moving now and if you can ensure you're no worse off, then do it. You'd have to be mad to make yourself worse off - even he would have to see that (though he might not admit it.)

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