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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Child Maintenance and Mortgage

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realfruit
Posted by
New Member

22 Oct 24 - 22 Oct 24 #524395 by realfruit

Topic started by realfruit

My wife moved out with our 2 children and is living with her mum (rent free) which was going to be for a short period of time whilst we sorted some issues out. I still live at our home with 1 other child (1st marriage - wife passed away) and then I have 2 other children who I have every other weekend, half of holidays etc.

I'm currently paying the mortgage and a couple of loans (all in both our names, apart from one in her name only) and yesterday she messaged to say she wants to go through Child Maitenance whilst she's not living at home. Obviously this is a red flag to to me for our future and Obviously I'm happy to pay child maintenance but do I get any 'relief' as I'm paying for our joint mortgage and loans. I can barely afford all the bills on my own salary now, let alone paying CMS on top. I can't really sell and move as I need the bedrooms for the kids. Can't aford to sell and rent as renting is about £800 a month more than the current mortgage.
I know it's likely irrelevant for financial calculations but she earns as much as me and living rent free has huge disposable income and also my 12 year old daughter, who my wife has been like a mum to and supported, has basically just been ditched emotionally and financially and I can't apply to CMS or can I?

Last edit: 22 Oct 24 by realfruit.

WYSPECIAL
Moderator

22 Oct 24 #524398 by WYSPECIAL

Reply from WYSPECIAL

CMS calculation will take into account that you have a child living with you but you won’t get any “relief” because you are paying the mortgage.

Unfortunately you won’t be able to claim CMS for your 12 year old if her mother has passed away unless your current wife adopted her. If your current wife hasn’t adopted your daughter then she has no liability.

Have you checked that you are claiming all the benefits you are entitled to?

EMC3419
Elite Member

23 Oct 24 #524400 by EMC3419

Reply from EMC3419

If your wife is on the mortgage you could ask her to pay her share but given you have sole occupancy of the FMH I wouldn't open this can of worms.

The joint loans you are paying can be deducted from CMS.

The mortgage cannot because you are the one living there. If she was living there with the child rather than you, this would be deductible from CMS because it was a joint mortgage taken out before separation (even people who work for CMS are unaware of this and will try and claim mortgages in property that you have a legal or beneficial interest in are never deductible).

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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