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Legal matters

Child Maintenance / CSA / Mortgage Advice Needed Please - Thanks!

2 replies

WKMum · 07/06/2011 18:22

[N.B. Moved from 'Lone Parents' Talk Thread]

Hello,

I am hoping that one of you wise m-netters will be able to advise me as a v. recently separated (read: emotionally drained) LP.

I would like to make a mortgage application that takes into account as income my wages, child tax credits and child maintenance, which the bank has agreed to do. However, as proof of maintenance income they want a legal document proving how much I am being paid (or six months of bank statements to that effect, which I don't have yet).

I have one nine-year-old child so CSA say I am entitled to 15% of ex's income. However, he has agreed to pay me a bit more than that (subdued hurrah).

My problem is, I phoned the solicitors this morning and they said that, while they could draw up something that could be signed by myself and ex, it couldn?t be deemed to be legally binding, since the courts no longer have jurisdiction over child maintenance.

So, all I will be able to prove to the bank is the 15% stipulated by the CSA.

Has anyone been in a similar situation regarding proof of income for a mortgage and, if so, how did you get around it?

All advice gratefully received.

Thanks!

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prh47bridge · 07/06/2011 20:22

The courts can still issue Consent Orders covering child maintenance. You both agree the amount and frequency of child maintenance payments then apply to the court to have it turned into a Consent Order. However, this normally only happens if you are getting divorced or dividing up your assets.

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WKMum · 07/06/2011 23:30

Thanks for the feedback - very helpful!

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