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Child support

6 replies

Mylifestartstoday · 24/01/2020 10:25

My ex is currently still paying the mortgage on the family home. It is up for sale, I currently live there with our 2 children until it’s sold.
He pays no maintenance, and I’m on long term benefits with no immediate chance of being able to work.
I’m really grateful he is still paying the mortgage, I’m on universal credit.
I pay every other household bill out of my benefits. All utility bills, everything for 2 children, all animals.
Am I allowed to claim maintenance?

OP posts:
prh47bridge · 24/01/2020 11:13

If you were not married you cannot claim maintenance for yourself but you are allowed to claim child maintenance. However, unless there is a court order forcing him to pay the mortgage he could stop paying that if you claim maintenance.

Mylifestartstoday · 24/01/2020 11:47

We have been married for 20 years. If he stops paying the mortgage he will end up in a worse position financially than me as I will never be in a position to need a mortgage or loan.
The maintenance I would get is just about the same as half the mortgage payment. What I’m concerned about is that, if he is singularly paying the mortgage, then he will be able claim more equity than me and I won’t be able to house myself and our 2 children. Also, to rent somewhere I need to prove I’m getting maintenance, which I’m not at the minute.
So, I’m thinking that I need to claim whilst appreciating I would in effect be handing it straight to the mortgage company. Does that make sense? Kind of so I have a paper trail?

OP posts:
Todaythiscouldbe · 24/01/2020 11:51

If you're on UC you don't need to prove you receive maintenance, it's disregarded for UC purposes so you could claim for your rent.

prh47bridge · 24/01/2020 13:28

The finances will be sorted out when you divorce. The first consideration is meeting the reasonable needs of both parties. The priority will be making sure everyone has a roof over their heads, particularly the children. It may be that you will be entitled to spousal maintenance in addition to child maintenance and a slice of the equity. You need to consult a lawyer.

ForMySorrow · 24/01/2020 15:37

At the time I was advised by the CMS helpline when applying that if the ex is paying your half of the mortgage monthly payment, it can be deducted from any child maintenance claim. Whether thats still the case or not I don't know.

Mylifestartstoday · 24/01/2020 17:20

@ForMySorrow. And I think that might still be the case, but I need to be showing I’m receiving maintenance in order to pass an affordability check on shared ownership housing, so I’m in catch 22 situation. I think I’ll be claiming maintenance to hand it over for the mortgage, but then I can prove I’m getting it. It’s ridiculous,but that’s what I’ll have to do.

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