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Divorce/debts problems, advice please

3 replies

pamplemousse · 04/05/2012 23:38

Don't want to go into all the ins and outs (but think I have having re read, sorry) but exdh and i own a house which is currently on the market. When it sells for a ridiculously low price I will pay off the mortgage. Theoretically I have some money in the house, I put down a deposit and it is written into something legal that I get my money back. However we also have joint debts. Most of which are in my name. (I know I am stupid so please don't point this out!) Now, I think I would rather pay off debts with any remaining cash, so I will. He has said yes he accepts he is liable for half the rest but he doesn't pay me maintenance let alone any money towards the debts.
So... what can I do? He will accept he has the debts but does nothing, and legally I have no leg to stand on as they are in my name.
I think I have no choice but to take him to court for maintenance and possibly debt money, but am reluctant to do so as I know he is utterly useless and will default endlessly making our fairly amicable relationship much less amicable which will only end up upsetting dd.
Somebody talk some sense into me... please

OP posts:
RedHelenB · 05/05/2012 08:04

He should be paying child maintenance so work out 15% net of his salary & then tell him that the CSA expects him to pay this to provide for dd. If he doesn't contact the CSA. As to the debts, get them cleared as soon as you can - if he doesn't have any money a court can't order him to pay them so it sounds as though they have landed on your lap.

prh47bridge · 05/05/2012 11:15

Are you divorced? If so the financial settleent should have been sorted out when you divorced. If it was you can get it enforced if your ex is not complying. If there was no financial settlement you need to see a solicitor as soon as possible and get that sorted.

It sounds like he should be paying child maintenance for your daughter. You get that through the CSA, not the courts. Apply as soon as possible. They will only collect maintenance from the date of your claim.

MOSagain · 05/05/2012 12:27

agree with prh. You need to sort out maintenance asap.
If for whatever reason you have commenced/completed divorce proceedings and have not sorted out the finances, you need to sort that immediately.

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