Child maintenance

[unk101]

looking for advice, split with ex over a year ago and he put my child maintenance towards mortgage, now house sale fell through so he’s moving back in and can’t buy me out by remotaging as he has bad credit, which has resulted in him trying to buy me out but not going on house value ( just what it was going to sell at before sale through ) and just doing it his way so makes out I’m due him 4K which I wouldn’t be if bought out the correct way I’d have that paid plus extra for myself, works out about £15k I would be due then take off the 4K, which has now resulted in him saying he won’t pay child maintenance till all the debt is paid off, I have a lawyer involved so I get my correct amount I’m due but can he refuse to pay child maintenance?

I'll be honest, I found that all a bit confusing. You jointly own a house, you live in it but your ex was paying the mortgage in lieu of maintenance? Now he's moving back in as the sale has fallen through. How is he going to buy you out without remortgaging? He wants to keep the house in his sole name but you will owe him thousands??
He should pay child maintenance regardless, CMS will calculate the amount. Is the house back on the market?

Hi yeah house was in his name, I was just on deeds as bought it together, I lived in it till last month as it had sold, but sale has now fallen through so he’s moving back in as he can’t get another mortgage or remortgage to buy me out, so he has decided his own way to buy me out which makes it look like I’m owe him money when he’s actually owe me over 5k, but he said he won’t pay cm till the debt is cleared but there would be no debt if he bought me out the correct way

You need to discuss this with your lawyer as what you’re describing here is very hard to understand.

I presume you've not gone through CMS for maintenance if he’s using it to pay the mortgage - the money should be going straight into your account and he has no say in what its spent on!
How much equity is in the house?

I have contacted them now and know how much he has to pay me, and 45k but money has to come off that so it works out I’m due 15k ,but he only wants to buy me out at what is was bought for to what it was going to sell for , which means I’m owe him money but legally I ain’t

You need to separate the house money and the maintenance money. They are two separate things and not related and shouldn't be worked out together.
He should pay cms if his/your children and mostly living with you. You then decide what to spend it on.

The house sale and money owed should be decided separately with all other assets.

So he wants to pay 50% of the original cost of the house when you bought it together (and I assume a lot less)? No way. That's not the way it goes.

He only wants to pay me what it was bought for to what is was going to sell for, not the full valuation as we in his words it would never sell for that so I ain’t getting it

Yeah that’s what I’ve said they are completely separate but he doesn’t get it

Ask for this thread to be moved to the Legal topic (and seek advice from an actual solicitor ASAP).

The CMS will only chase him retrospectively up to the 3 months before you claimed, so don’t expect a big amount of money coming in, especially if he is struggling with his expenses, but you will start getting the calculated amount from now in (hopefully).

It is true that he shouldn’t be paying the mortgage as CM but, very few People who move out of the primary family home continue paying it as they are then paying for rent or their own accomodation. I can tell you that the years I spent paying the mortgage on my own after the split had no bearing whatsoever on the percentage I got in the separation of assets. I know someone who was ordered to continue paying but he was a medical consultant and the exwife was a SAHM had never worked. The court just ensures you are left in an equal footing in consideration to the needs of the children and your separate incomes.

DISCLAIMER: I have not a clue how a separation of property assets us worked out if you are not married but I suppose that it will be about splitting the equity proportionally to the percentage each of you invested, provided there us enough provision for the children.