Separation Divorce Maintenance and Mortgage

[LMW1990]

Hi All

I'm looking for a little legal advice before DP (Or both of us) book an appointment with a solicitor.

I could post this on the divorce section but I'd like to keep the emotion side out of it and just stick with the facts.

DP has been separated from his wife for 3 years this coming March. Thry have 2 DC ( 3 and 7).

The own a home together in which she lives with DC.

Currently, and for almost 18 months, DC live with us 3 nights per week.

DC DM claims all the associated tax credits, child benefit etc for both children.

DP pays slightly over the CMS calculation (which I feel is ridiculous as we have them 50% near as dammit but that's another story!), he pays half of their mortgage and associated insurances.

We pay for all clothes and food while they are here obviously. I paid for school uniform and shoes this year because DM left it so last minute nothing was left (same happened last year so I anticipated and bought it all early).

Does this legally look right? Should DP being paying more? Or less? Advice so far has been conflicting.

We don't anticipate access times to change once divorce proceedings commence as they fit around DM work. There is no suggestion that she will try to reduce contact although she has threatened to move away if they had to sell the house.

TIA

As this appears to be a private arrangement the law doesn't enter into it. It is entirely up to your partner and his ex. The courts won't get involved with child maintenance unless he and his wife agree, in which case it will go into a consent order. If they do get a consent order, either of them can take it to the CMS after 12 months and their calculation will then replace the consent order.

If he is not reducing the amount he pays by three sevenths for you having the children 3 nights per week he may well be overpaying compared to what he would pay through the CMS.

If he still owns the home and therefore ha a financial interest in it then it is only right and fair he continues to pay for half of it. As part of the divorce I assume the ownership will be sorted and he will at some point not be liable to making mortgage payments.

Him overpaying cm is between him and his ex I would say. If he isn't happy to continue paying more than CMS would make him pay he should start discussions with his ex about how he wants to continue. It might be he takes over certain costs ie he pays for school uniforms etc.