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Is child maintenace affected if exH pays towards mortgage?

(5 Posts)
Impalala Thu 20-Oct-11 21:01:20

I'm posting on behalf of a friend who is going through a break-up - soon to start divorce proceedings. He has been unfaithful. She is a MN'er but can't access a computer in private at the moment.

They are recently separated and despite advice here advising her to stay in the house with him obliged to continue to pay for his half of the mortgage, she was planning on moving to rented accommodation. She has, however, had a change of heart and would like to stay in the family home with DD. She wants to know if child maintenance payments will be affected if he does continue to pay towards their mortgage.

prh47bridge Thu 20-Oct-11 21:27:30

If she claims maintenance through the CSA his contribution to the mortgage will not affect their calculation. Of course, if there is no court order forcing him to contribute to the mortgage he may decide to stop doing so if she claims maintenance through the CSA.

Collaborate Thu 20-Oct-11 23:41:09

Agree with the above. The CSA will ask the mother whether she accepts the payments to the mortgage in lieu of maintenance and if she says no, he'll gave to pay CSA. She'll need to take full legal advice if she wants to know the chances that the court will make him pay the mortgage on top of CSAC(can only happen if they're married).

Riakin Fri 21-Oct-11 13:09:49

So she is expecting her ex to pay for 50% of the mortgage on a property he doesn't live in, plus Child Maintenance in full if she does not accept his paying mortgage to be taken into account of CM...

I honestly think from a male perspective that your friend is wanting it both roads. If i were your friends exh i would simply cancel the Mortgage or move back in.

I'm sorry but this thread just smacks of financial greed and if she does this will she lose £... if she accepts does she lose £... disgraceful behaviour imo.

ChocHobNob Fri 21-Oct-11 13:25:46

If he is paying towards the mortgage but has no interest in it himself, then it can be taken into account by the CSA if he asks.

If he doesn't live in the house, he doesn't have to pay the mortgage, so your friend may want to consider what will happen if she asks for the maximum child support amount and he chooses to pay that and stop paying the mortgage.

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