Is mortgage payment CM?

Hi,

I have a question about CM.

I am working part-time and have my daughter 24/7. 15% of his total fixed net income amounts to £400 per month. 15% of his variable net income doing contract work amounts to an average of £350 per month.

He refuses to pay me CM and says he is paying the full mortgage for the FMH which is jointly owned. The total mortgage is £600 per month.

When I spoke to th CSA I was adviced once that his variable income would be taken into account but since he owns the property his contribution to mortgage will not be counted as CM.

When I spoke the second time, I was adviced that variable income will not be taken into account and his mortgage contribution will be considered as CM.

My solicitor says mortgage contribution is CM and it would be difficult to prove his variable income.

I feel completely lost and don't understand why I am getting conflicting advice from CSA on separate occasions. I feel it is unfair that I have to manage all our expenses and bills in my £ 700 pay whilst he gets away with not paying me the fair CM.

Unfortunately because I am not a citizen, I am not eligible for state benefits.

I am sincerely grateful for any advice.

Many Thanks

Perhaps you need to go back to the CSA and speak to someone in a higher position of authority. I'm afraid I don't know about this subject at all.

The CSA website says that separating couples should think about child maintenance, other stuff and paying the mortgage which would imply they are separate things.

Bear in mind that your husband might refuse to pay the mortgage if he is asked to pay more though.

1)If H did not have an interest in the property then the CSA would take him paying mortgage payments into account when calculating child support. As he does have an interest in the property the CSA should not take it into consideration.

2)As far as the mortgage is concerned you are both liable and the lender would pursue you both for debt. However, if you enjoy sole use of the property you pay all the mortgage because you are occupying H's share of the property. You would be effectively paying rent on his share as well as paying your own share of the mortgage.

3)There is an obligation for spouses to maintain one another so if you are on no/low income and struggle financially and H can afford to contribute financially you have a claim to spouse maintenance.

So if you apply to the CSA for CM, you pay the mortgage and H pays SM of £200 financially you will be no better off. Sorry.

Hi
It's a ctach 22 really because if he fails to pay the mortgage you will end up with arrears and possible charges against the property. If you were married then you have a chance of getting maintenance for you, but if not that is harder to enforce. He is legally bound to pay CS, therefore you would be best weighing up which one you get the most from either CS or having him pay the mortgage. If you can sit down and talk to him in an amicable fashion it will be far easier than a long term battle which is all too time consuming and can have immense effects on all concerned, particularly the child. In my experience it is best to be as reasonable as you can.