Ex quit his job to stop paying maintenance and now is forcing sale of family home

[thejanuarys]

Hi. I left an abusive ex two years ago. We had informal agreement that he pay maintenance, and I live in family home with daughter until she reaches university age and then we sell house. But his aggression is still there, and now he has quit his job to stop paying maintenance and is forcing the sale of the home under Tolata. I will have to give up my job and my daughter will have to give up her school and I will have to move out of the area to find a property I can afford without a mortgage. What can I do? Can he force me into poverty? Please help.

If you can't come to an agreement between yourselves and you are not happy with what is happening the legal route is your only recourse.

What happens there depends on a whole variety of factors - whether you were married, contact arrangements (money follows the children), etc.

The court can delay sale of the house until your daughter finishes her secondary education, either under TOLATA of the Children Act. See a solicitor for advice.

Can you afford to keep running the house without his maintenance payments? Have you looked into seeing if you can take over the mortgage?

you can ask for delay fo sale "until she finishes full time educaiton" which migh cover uni - useful if she will need to stay home for uni

I am sorry to hear this. My first thought is do you know if he has actually left his job? Even if he has then you would be entitled to maintenance under CSA (Dependent on your child's age. I am assuming she is still young.)

First step is to write to him. Get the facts. Keep it short and neutral -toned.

If you weren't married then you could make an application under Schedule 1 of the Children Act 1989. This is where the court will make a decision on financial issues related to children.

If the family home is jointly owned then I would contact the mortgage company and let them know what has happened if the account is in arrears. Also find out what (if any) equity there is. If he refuses to pay it then you may have to face doing something with that property. If there is equity then you will be entitled to a chunk of that to set you and your daughter up in a new home. If you have your daughter more than Father does your needs will be greater than his.

Happy to help.

Yes you got the fathes for justice posters on this (can't name who under mn rules but not hard to work it out)