CMS deduction for mortgage

[FallenFigs]

Can anyone advise on this query. It’s slightly complicated but I’ll try and keep it simple.

I live in the family home, DC with me 60% of the time. The deeds and mortgage are in DH name. We originally agreed on separation that we would each pay 50% of the mortgage (as it is still an asset of his) and he would pay CM at the rate according to the calculator. He has since scrapped this agreement and stopped paying CM. I have therefore stopped paying him 50% of the mortgage.

I am aware this is a slightly complex arrangement but it is one we agreed to at the time and as an interim measure whilst financial separation was agreed via divorce process.

however his unilateral decision has left me suddenly about £150/month worse off.

I know that if I make a claim to the CMS they will deduct the mortgage. Will let deduct 100% of the mortgage, or a proportion?

so for example if the mortgage is £800, and the CM according to the calculator and his earnings is £700, would they effectively decide he has nothing to pay?

And, there is a timing question. If I make a claim now (with a 100 week processing time) that decides he has nothing to pay, and we then untangle the mortgage via divcorce process, do I have to make a new claim with 10 week lead time to update the mortgage liability (to none for him) or would I be able to refresh any existing case with a shorter lead time?

I'm confused about you saying that he will run off over seas with the capital. They won't just give him the money from the sale. The solicitor will split it along preferred amount.

If your name is not on the deeds of the house (or on his other property) then you need to register an interest in them both/all so he can't sell it without you knowing. Both properties are potentially marital assets and will effect the division even if bought before the marriage. If you have any paper work on his other assets keep them safe.

@FallenFigs register your matrimonial home rights https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1#:~:text=Application%20form%20HR1%20for%20registration%20of%20a%20notice%20of%20home%20rights.

This will ensure he can't sell the house from under you and take all the equity. And when you're divorcing someone who delays or causes difficulties, the best thing is honestly just to push forward with the divorce.

Thanks, yes home rights noticed and restrictions are registered.

its still a case of trying to work out these CMS timings was times.