Forgo child maintenance for higher equity chunk

[WingingIt90909]

Hi all, I'm looking at financial settlement options, trying to think of as many scenarios as possible to bring to the table. I'd really like to keep the house I'm in, and to do that would have to buy out STBXH. I'd have to borrow more, with help of family member to do so. Is it a terrible idea to offer to forgo on receiving child maintenance from STBXH in exchange for not having to pay him out as much for his half of the house? Has anyone done this?

Is your ex not asking for 50:50?

My husband is expecting a 50:50 split of the equity. That would mean him getting about 70k. He isn't asking for a 50:50 split of child custody, he has asked for a lot less, so would be liable to pay me a reasonable chunk of CM each month.

Nobody sensibly advised would accept that ... because there's nothing stopping you going after child maintenance a year down the line whatever you said about not getting it on divorce.

I'd first check whether you'd get more than 50% if you need it to house the child. Are you adequately housed or overhoused? What can you afford within child's school catchment?
Second you can use CM as income for a mortgage with some banks
Unlikely it will work as a trade as you can go back to CMS after 2? Years and make a claim anyway.

You can’t forgo cm for other assets. His lawyer would always advise not to do this because courts can only have jurisdiction on child maintenance for 12 months. At which point even if you’d agree in a settlement to take less cm in return for higher equity you could after 12 months claim cms and he’d be liable based on his earnings
No solicitor would allow him to agree this

Oh and does the assets include any pensions as they need to be shared too. Many women get a higher percentage of the property to claim less on his pension....

He’d be ill advised to accept that offer I’m fairly certain there’s no financial settlement that can legally stop you going for child maintenance at any point in the future, he’d just have to take you at your word.

1. are you ‘over housed’ now ? If so you’ll likely be expected to downsize
2. what’s your mortgage raising capacity ( inc earnings, benefits,cms)
3. what’s his
4. what % of the equity do you need to house yourself plus children ? ( see point 1) What would that leave him, is that enough for deposit plus a mortgage for him he can raise Are there other assets- pensions?

I had thought about this too OP if we were to divorce

You cannot sign away your legal rights and you're legally entitled to receive child maintenance.

You'd be better off bartering that you won't touch his pension if he pays more equity.

How old is your child?

@ChoiceMummy

You cannot sign away your legal rights and you're legally entitled to receive child maintenance.

You'd be better off bartering that you won't touch his pension if he pays more equity.

How old is your child?

Well it’s signing away the child’s rights more importantly.

There is legal precedent to capitalise CMS but it not intended to be widely used because you sign away the child’s rights and that’s not really a good idea for the child.

I think you must undertake to repay the money if CMS is invoked. Which could occur through a change in circumstances. For example if your ex did want 50:50 or the child had need to or decided to live with him. The younger the child the more likelihood of this.

He would be ill advised to do this.