maintenence and mortgage payments

[Sukie1971]

Can anyone help? Ive been told that my XP does not need to pay both half the mortgage payment and child maintenance, as maintenance should include half the mortgage. The CSA website doesnt answer the question. If this is correct, it would mean that his payments to me would drop from £350 a month to £200, and that would make me seriously in trouble each month.

Does anyone have any knowledge/advice?

Can you not come to a private arrangement with him, generally speaking once he leaves the marital home that is mortgaged he doesnt pay the mortgage anymore as you have to buy him out, you generally only get maintenance.

Im sure that is how it works, but someone else might say different.

That's nonsense.

Assuming that the house is in joint names, you and your ex have joint and several liability to pay the mortgage, ie the bank could chase both of you for the full amount if there are arrears.

In addition, he should pay child mtce at 15% for one child, 20% for 2, or 25% for three or more children.

Is he still living in the house? If not, what's the plan for it?

Sorry Fabby, wasn't saying your post was nonsense - x posted.

Hey no thats okay wasnt sure how it worked. So whilst it is in joint names he pays half, but once the divorce is finalised he has to be bought out doesn't he?

Thanks mumblechum, thats what I thought. No hes not living here, the agreement is that I continue to live here with DS until DS leaves 6th form, and then the house will be sold and the equity split. I did offer to put the house on the market when we split, but he said he wanted our DS to stay in his home until he leaves school.
I cant afford to buy him out.

Bump for more advice ....

Just a curve ball here ... Surely he has responsibility to pay the apportionment relating to dc, not a full half, as both of you should
Cover 50% of the dc costs? Ie he shouldn't have to pay 50% but 25%?

Ie divide full cost by two (your share and dc share both livim in the house) then you pay your apportionment (ie 50%) and you each pay 50% of the remaining 50% as you each have shared responsibility to put a roof over ds head?

but if you're adding to the equity of the house - HE will benefit. Can you ask the bank if you can reduce payments to interest only so that the payments go down and the equity doesn't go up?

Why shouldn't he benefit if he's paying some of the mortgage? If the equity improves for everyone it's nit a problem surely? His share
at sale would be less as he had paid less of a share?

In law, (ie the contract between both of you and the mortgage lender), each of you is liable to pay ALL of the mortgage. That's what joint and several liability means. Not living in the property does not matter to the mortgage lender.

As you aren't married, there are presumably no family proceedings so it's up to you and/your solicitors to negotiate a separation agreement until the house is sold/transferred.,

me and my ex own this house. he hasnt lived here for 3yrs and hasnt paid a penny in mortgage since either. the bank doesnt care who pays it, as long as it gets paid. no he doesnt have to pay it unfortunately. he pays £34 per week for the 3 kids and thats it

the otehr view is that if xp ahs moved out you should be the one covering ALL mortgage costs as "occupational rent".

you could ask to move to interest only.

but draw up a financial seprationa greement with solicitor so you both clear - or go to a mediation session to come up with written agrement on who pays what

hairylights - yes he should benefit if he's paying some of the mortgage - but he's not ....

how old is DS?
why would DS not cope with a house move?
isnt it your decision where you live not your ex's?

I have recently received legal advice on this from a solicitor and was told that, if I could afford to maintain myself in the family home, it is likely that I would be allowed to stay in the house with the DC until DS2 was 18 and left school. We would agree a percentage split of the house equity as part of the divorce agreement. When DC2 leaves school, I would either have to buy XH out of the house or sell up and give him his share of the equity. I would be responsible for taking on the mortgage and all household bills and repairs whilst living there. I did not ask what would happen if I did work to the house that added major value, e.g. an extension, but I suspect it would still be counted in his share of the equity and I would therefore not do such work. I would still have the option of selling up before DC was 18 or, if able, buying him out earlier.

Even though you are not married, you seem to have a similar arrangement until your DC is 18, but you would need to check if the same applies.

I hope this helps.

Also - none of this would affect my entitlement to child maintenance.

Isn't it that he should pay 50% of the mortgage but then you should pay him rent on the part of it that you are using? Or have I misheard that from somewhere?

it is complex as you can see here - as not married TOLATA (and schedule 1 childrens act ) apply
www.familylawweek.co.uk/site.aspx?i=ed1746

as greedy ssaid -the norm could be for op to be " responsible for taking on the mortgage and all household bills and repairs whilst living there "

i am at final stages of TOLATA/schedule 1 claim - in mya case i left with DC., i live in rented property, exP has continued to occupy the joint owned flat and one of my arguments to get some more from euity is fact he has NOT been paying the full interest payments on mortgage (underpaying by 61 per month since april 2009) therefore he "owes" me 61 x 24 months in "occupational rent". so this amount should be excluded from sharing of equity.

but it is complex - and if op is staying and reciving maintenance then that has to be taken into account. is the maintenance deemed to cover mortgage or not?