Child maintenace - am I working this out right

[Tiddlybear]

Looking for some advice as a bit puzzled by it all.

I left H 2.5 years ago. He stayed in family home and the 2 dc's and I moved into rented accomodation.

Since I left he has paid all household bills for the house he lives in including the mortgage.
I have paid all my own living expenses including all chuildren's everyday costs and nursery/after school care costs.

We both earn reasonable salaries but I worked 60% of his hours when I left now 70% so earn less.

He has the dc's less than one night in 7 since the split (about 2/month) but he nows says he will have them every other weekend so that might change.

Initially I had said via solicitor that we would keep this arrngement until house sold then formal maintenacne. This was planned for 6 months.

Ex had delayed legal proceeding and been awkward about putting house on market so 2.5 years have elapes with no change

1 year ago, asked via solicitor for an amount per month which was reasonable as per both out salaries and was about 1/3 of CSA recommendations, he ignored it.

Now asked again, indicating 20% of net salary.
He has said no wanting to stick to initial agreement. He has asked for a full declaration of my ingoing and outgoings if I insist on maintenance now.

My solicitor has said I don't have to do that.
We will suggest to him that I take over 50% of the mortgage and 50% of building insurance and he will pay me 20% of net salary.

I suggest he will try and argue this as well. I would be about £200 better off a month - with this agreement. He earns about 80K.

Friends have suggested that as he lives inthe house that he pays mortgage for - he should pay full maintenance but not sure if this is correct.

He makes me feel money grabbing.

ATM after he pays the mortgage and building cost he still has more money than I start with.

His new partners baby is due ina few months, to mak things even more complicated!

What is the right thing to do?

You are entitled to refer the matter to the CSA at any time, although I would recommend avoiding them if at all possible. If you do, he will have to pay maintenance of 20% of his salary after tax, NI and pension contributions are deducted. When his partner has her baby this will go down to 17% (basically, they ignore 15% of his salary so you are left with 20% of the rest, which is 17% of his net salary).

If he starts having the children on alternate weekends that will reduce the amount he pays by 14%. By my calculation that will leave you with 14.62% of his net salary.

As far as child maintenance goes, everything else you've said is irrelevant. The CSA wouldn't give him a full declaration of your income and outgoings, nor would they ask you for one. The CSA don't care what is happening about the mortgage, building insurance, etc.

Even if you agree something now and get a consent order from the courts including child maintenance, you have the right to go to the CSA 12 months after the consent order. They will then overturn the consent order and substitute their calculation of the maintenance due, although it won't be backdated.

You certainly aren't being money grabbing. The 20% you've asked for is correct until his partner has her baby and/or he starts having the children 52 nights a year or more.

But he has refused to pay 20% as he pays the whole mortgage, essentially refusing to pay anything until after house sale (not even on market yet)

So I am offering a comprimise where essentially I will get 5% of his net salary as I will take up 50% of the mortgage repayment - but it will mean net gain for me.
I am assuming that I half to continue to pay half the mortage to get 50% assest from house?

No you don't have to pay for the mortgage as he is not paying you child support and he has not paid you child support for the entire time - they will at least equalise that out in the courts eyes.

You should now force a sale and get more than 50% - he is just dilly-dallying.

Get a good solicitor. And in the interim get him to pay child support - get the CSA involved if you have to.

So should I pay half the mortgage and he pays child support, even although I don't live there but those to leave and would like my share of equity when the time comes?

Should be on the market over the next couple of weeks.

I think you need to ask a good solicitor that question as I think they should be pushing for way more than 50% of the equity as you have sole responsibility for the children.

You could also not have moved out and stayed there til your youngest reached independance.

It seems to me that he is deliberately not selling to screw you out of money - why is your solicitor saying to pay the mortgage and not recommending you force a sale

Yes I know I shouldn't have moved out but he was abusive, had no insight and would never have moved out, at the time it was all I could cope with. I really regret it now.

He is planning to sell now - hopefully house will go on market soon but estate agents feel it might take time to sell so I want an arragnement in the meantime.

I discussed equity today with my solicitor and she said she will push for slightly more than 50% but I feel that is not right.

Where can I get more advice from - can I see another solicitor and ask them or check with CAB.