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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child maintenance and the mortgage

3 replies

Cantsleep22 · 19/09/2019 05:16

So current situation:

We’ve been separated for 6 weeks. I’ve applied for divorce

Last month he didn’t pay the mortgage so i had to cover it. He’s since given me half back

I applied for child maintenance which is due 1 Nov, this will be 3 months after he left the home and he’s given me no maintenance up to then

He’s finally agreed to pay the mortgage next month as I am on unpaid maternity leave but he’s saying he doesn’t have to pay child maintenance if he’s paying the mortgage. He’s applied for a variation to child maintenance. I’ve explained to them we are divorcing and he will get equity out the house. I’ve had a solicitor tell me I am entitled to claim for both! However they say he is entitled to apply for a variation but it will take 3-4 months and he has to pay me what has already been agreed in the meantime

I need 3 months child maintenance payments to get another mortgage so I can’t sell the house until I get them. Now he’s applied for the variation I’ll never have the 3 months full maintenance to prove to a lender?! It all seems very confusing and doesn’t make sense

Is there any way around this?! Do I ask him to only oh half the mortgage and the full child maintenance so I can get another mortgage?

He’s dragging his feet with the divorce so I’m not sure what he’s playing at as he originally wanted the divorce and the house to be sold

OP posts:
stucknoue · 20/09/2019 22:43

Unfortunately he's right, child maintenance is to cover costs, if he pays bills (as mine does) you don't also get maintenance.

Starlight456 · 20/09/2019 22:46

I hope you have seen a solicitor just to find out your rights

Cantsleep22 · 22/09/2019 04:46

So I’ve got advice and wanted to post it in case anyone else needs to know the answer.

The way they work out the variation is to take the mortgage from his wage then recalculate child maintenance. Therefore I will only be £20 a week down on child maintenance. My worry’s about obtaining a mortgage in the future is not too damaged by a loss of £80 a month.

He is not paying any bills just the mortgage as I am on unpaid maternity leave. Once I return to work I will offer him the option of paying half towards the mortgage which I think is only fair

OP posts:
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