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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.

CSA/mortgage/advice

4 replies

AngryAF1 · 21/05/2020 10:14

I separated almost a year ago from an abusive relationship, we agreed I stayed in the house with our two children and whilst I got back on my feet he financially supported me to pay the housing costs. Since then with me back at work I have taken over everything but the mortgage we still pay half each. Instead of him paying me the child maintenance and me transferring him my half of the mortgage £500 we agreed he will just pay it all directly from his acc. However he has now decided to take a mortgage holiday meaning he will not be paying any child maintenance at all for the next 3 months. Is this right?? can he do that?? I would rather have my maintenance payments to pay my half the mortgage. Also he now is telling me he can't afford his £500 and I have to freeze his equity and take over the payments. I can't afford £1000 a month (an its so high because we added a lot of debt to it a few years back) he knows I can't afford it too. Where do I stand? If I went through CSA am I likely to get his half of the mortgage payments agreed too? or is he going to achieve his goal of getting my out of this house? He moved in to rented accommodation with his new girlfriend in March. (£1100pm) we are still legally married and our children are 4 and 6. Thanks

OP posts:
millymollymoomoo · 21/05/2020 11:39

Cms and mortgage are separate
You should apply for cms
Are you joint owners and vith on the mortgage? If so You are jointly and severally liable for the mortgage so he doesn’t have to pay although it could harm credit if any defaults

Are you married ?
You need to sort out a permanent financial
Split and file for divorce if you’re married to resolve this.
If you can’t afford the mortgage you may not be able to keep the house but depends on if you’re married, earnings of both, assets etc to determine a fair split.

millymollymoomoo · 21/05/2020 16:33

Sorry see that you are married
Start proceedings and get finances sorted officially

BeforeIPutOnMyMakeup · 21/05/2020 19:20

Unfortunately if he's furloughed or on universal credit you won't get the money you are after as he simply doesn't have it.

Just get it all done officially as soon as possible in case he gets more in debt.

unicornsarereal72 · 22/05/2020 07:18

As pp said mortgage and cms are two separate things. He only legally has to pay cms. If he defaults on the mortgage there are of course consequences.

Do you know if he is still working. Who he works for and what he earns. If you put the numbers into the cms calculator you will get an idea of what he should pay and the cms can set up a deductions of earning. Although this takes time.

He should pay 16% if you have 2 children of his wages before tax and NI but after pension contributions. This amount is on a sliding scale depending upon the number of
Nights he has the children and deductions are made if there are other children in his house hold.

If he is self employed then it isnt so easy.

I would suggest legal advice solicitors are still operating over the phone and d mail and get the ball rolling on your divorce and legal matters.

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