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Variation on child maintenance payments

(7 Posts)
Keepempeeled Tue 23-Jun-20 13:37:00

Can I just check I am not going mad.First time I’ve had a query with CMS, so I am perhaps being a bit naive. Exh put a claim in for a reduction on grounds on paying 50% off mortgage costs on family home where I reside with our two DDs.
I read and understood he can do that if we were not married and house was not in joint names and if he had no legal or financial stake on house. So I sent evidence of this off.
Just heard back that they have upheld his request so reduced DD’s payment by £160.

Is this correct?!

OP’s posts: |
millymollymoomoo Tue 23-Jun-20 15:35:20

Are you divorced and csa you had finances agreed in a consent order? What’s in there for regarding the house and mortgage ?

Cms can be varied after a year but only based on earnings

Keepempeeled Wed 24-Jun-20 13:22:50

@millymollymoomooNo we aren’t that far down the road, so separated and haven’t got to nisi stage.

OP’s posts: |
Truimph Wed 24-Jun-20 14:13:17

Sorry to hijack, can I ask if you know that date that he applied for the variation?

I applied for one in February, but still haven't heard any progress.

millymollymoomoo Wed 24-Jun-20 16:31:37

Where is he living now? If he’s having to rent can he actually afford to pay for the FMH and CMS?

If the house mortgage is in both your names he could simply stop paying ......

Keepempeeled Wed 24-Jun-20 23:05:06

@Truimph. Not totally sure but guess it was April.
@millymollymoomoo yes, you are right he could just stop paying. He can well afford it, he also tried to claim for the 5 mile petrol cost incurred for access visits. He says he is renting a room but is actually living with the gf he was having an affair with.
Nothing is fair in these situations but wanted to understand the policy about having a legal stake in the home.

OP’s posts: |
millymollymoomoo Wed 24-Jun-20 23:17:36

Can you crack om with the divorce and financial settlement ? It wound at least give you a known outcome ? And it sounds like untangling finances is a good idea ...,

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