Child maintenace and mortgage

[Neverhot]

Hi, I'm looking for some advice if possible.

I found out around 4 months ago that my husband of 13 years has been having an affair. When I found this out he left our home to go and live in the block on camp (he is in the army) and has started a relationship with the ow.

Since then he has continued to pay the mortgage, which is in joint names. He has sent maintenance weekly, but always a different amount and much less than the cms calculator advises for our 3 children.

I've since started an application through cms so that I know how much to expect from him each week and can budget accordingly. He is not happy about this and has said that he has contacted them today to ask for a revision due to paying the mortgage.

I've looked online and it states that if he has a financial interest in the property then a revision cannot be made.

I had planned to stay in the property until our youngest turns 18. Once the divorce is finalised my solicitor advised to claim for spousal maintenace to cover my half of the mortgage payments until I have finished my degree.

I gave up my career as his boss to follow him around the world to all of his postings and raise our children. It feels like the second I've put myself first and started to focus on gaining a career, he has ripped all of the support away from me when I have supported his career all of these years.

Would it be likely that he has to continue paying at least half of the mortgage as well as the minimum child maintenance that I'm entitled to? He has very little outgoings due to him staying in the block which costs him roughly £20 a month, but he is determined to pay as little as he possibly can.

I was in a similar situation. And then he stopped paying the mortgage and still hasn't 4 yes later.
I neither of us paid it it would have meant we lost the house and would have an awful credit rating ie never be able to buy a house/mortgage again - well a long time anyhow!

Horrid situation to find yourself in but hold your head up high and you'll get through it!

Thanks for your message. I'm hoping it won't come to that as if he doesn't pay his half the mortgage company would contact his work for the mortgage payments which would look bad on him. Would the cms take into consideration his mortgage Payments even though he has a financial interest in the property? Xx

Cms do take mortgage payments into account but you are also entitled to spousal support - your solicitor can advise a suitable amount to request but I found an online calculator which put it at around 20% salary after accommodation costs

Mortgage companies aren't interested in who pays what. They're just interested in that it gets paid. If you're both on the mortgage deeds you're both responsible. Highly unlikely they'd ring his work also as they'll be ringing you both to pay it.

I know all this as I was where you are 4 years ago when my military serving ex left me and stopped paying everything!

Best thing to do is sign the house over to you, buy him out or sell and move!

If your finances go to court, if you are awarded a Mesher order and stay in the house until the youngest is 18 you will need to prove to the court that you can afford the mortgage payment and upkeep of the property. If you live there, you pay. You would likely have to indemnify your EH if you fail to keep up the mortgage payments if his name can’t be removed from the mortgage.

Regarding the CMS payment doesn’t matter if he’s contributing now. Payments will be calculated on his gross earnings minus pension and that’s the set amount he pays. It’s up to you if you use that money to pay the mortgage.

Spousal maintenance is extremely rare and you will be expected to show you are maximising your earnings and supporting yourself.

I doubt a mortgage provider would contact the employer for non payment.