Child Maintenance - not yet divorced

My stbx moved out in March and our Decree Nisa came through in July. We have two children aged 14 and 18. He is still paying the mortgage (£120 per month) until we agree a settlement figure which I will pay him as I am staying in the marital home with the children.
I work 30 hours per week.
My question is: Should he be paying child maintenance or should I leave it until after settlement as he is paying the mortgage?
Thanks

Hi Gracie,

Is your 18 year old in FTE?

Its my understanding that the CSA consider CM paid until children are 18 or ceased FTE.

For 1 child they calculate 15% of net income of NRP or 20% for 2 children with % discounts off this amount for overnights the children stay with him.

If the £120.00 is roughly what he should be paying for CM anyway it could be that this is payment in leiu of CM as I don't think there is a legal expectation for him to pay the mortgage.

However in discussions, you both will want to know how things will be in the long term, so who pays what should be discussed. If he stopped paying the mortgage, but gave you the £ CM (as CSA calculation) could you afford the mortgage?

WR

Hi

He will stop paying the mortgage when we agree a settlement and I will take on a bigger mortgage to pay him off. My 18 year old will (hopefully!) be going to Uni in september. If not she will be doing A level resits.

I just wonder if I should hold off claiming Child support until after the settlement. He claims he isn't earning at the moment and has told me he can't pay anything but he is able to pay £120 a month at the moment. He has a new partner.

Thanks

If he isn't earning the CM would be minimum amount anyway ........... where is the £120.00 pm coming from if he isn't earning?

WR