Child maintenance and mortgages

[Cantsleep22]

So current situation:

We’ve been separated for 6 weeks. I’ve applied for divorce

Last month he didn’t pay the mortgage so i had to cover it. He’s since given me half back

I applied for child maintenance which is due 1 Nov, this will be 3 months after he left the home and he’s given me no maintenance up to then

He’s finally agreed to pay the mortgage next month as I am on unpaid maternity leave but he’s saying he doesn’t have to pay child maintenance if he’s paying the mortgage. He’s applied for a variation to child maintenance. I’ve explained to them we are divorcing and he will get equity out the house. I’ve had a solicitor tell me I am entitled to claim for both! However they say he is entitled to apply for a variation but it will take 3-4 months and he has to pay me what has already been agreed in the meantime

I need 3 months child maintenance payments to get another mortgage so I can’t sell the house until I get them. Now he’s applied for the variation I’ll never have the 3 months full maintenance to prove to a lender?! It all seems very confusing and doesn’t make sense

Is there any way around this?! Do I ask him to only oh half the mortgage and the full child maintenance so I can get another mortgage?

He’s dragging his feet with the divorce so I’m not sure what he’s playing at as he originally wanted the divorce and the house to be sold

I'd have thought he only has to pay child maintenance if ghs living elsewhere unless hrs a very high earner? With the child maintenance ( when you get it) can you afford the mortgage?

Unless he is a high earner, he is responsible for child maintenance but not the mortgage as well. That will be decided in the divorce.

This is why divorces taking so long is so bad, because in the limbo period who pays the mortgage isnt clear cut.

Most judges go for clean breaks. Staying in the house is no longer a given for the mother of children. Often it's a case of you have to take the mortgage on or sell.

This interim period, which can last ages can be very damaging for the person left in the house, if the other person wants to make it hard. I left our family home and still paid half of the mortgage and council tax. I had the kids most of the time so maintenance wasnt applicable. My solicitor pointed out, several times I could not pay him that money.

I paid it so he couldnt not pay the mortgage and say it was my fault. I saw it in my interest to pay until it was sold.

Both of you are liable for the mortgage if it is in joint names. You are "jointly and severally" liable for the payments. Clearly if he does not pay it doesn't help as both your credit ratings will be severely affected and that you have paid it means you have preserved it but doesn't help that he isn't contributing.

Firstly, trust what your solicitor is telling you. Only they know all the facts and posters telling you about their own experience is not the same as advice for you. Far from it.

He cannot offset mortgage payments against child maintenance unless you consent. His application for variation, if based on him paying the mortgage, will fail.

I can't comment on the lending criteria of banks.

He’s a high earner I.e 56k but he's maxing himself out. For example he’s just purchased a 42k car. The car finance, insurance and child maintenance payments come to half his wage per month. Not sure if child maintenance take any of that into account?!

Unless things have changed recently, child maintenance calculations are based on his gross salary (or gross minus tax) but do not take into account his expensive lifestyle - if they did, all divorcing parents would buy brand new cars and no one would be liable for the kids. Your solicitor is the one to trust but usually in these situations, the right thing to do is for both parties to continue to pay the mortgage as per before the split (until the divorce and financial matters are sorted) and for the children to be properly provided for either via proper child maintenance payments or by agreeing a reasonable amount pending a court order to set it in stone. As with child maintenance, a court order for regular payments to support the children will not be interested in his extravagant car choice - in fact it's likely that it will go against him in terms of putting his kids first.