Can debts be treated in lieu of child maintenance?

I am currently paying the mortgage at the matrimonial home, the loan for the car my wife is driving (which I have no access to) and for other family debts. I am not currently paying any child maintenance directly to my wife although the mortgage, car etc amounts to over 40% of my monthly net salary. This has been going on for over a year and she refuses to attend mediation or discuss ancialliary relief. The question I have is this: Will I be expected to pay her maintenance directly if I stop paying our large mortgage. Would the personal loans I am paying off (one of which is for the car she is driving that I have no access to) be taken into account in lieu of child miantenance?

Any help or advice would be much appreciated.

I think you need to get a little bit tough. She is not going to move if she has anything to lose.

By you continuing to pay it shows to the courts that it becomes expected. Which may well then affect any Ancillary Relief proceedings.

The personal loans in terms of the car would be taken into account I believe under the csa although the mortgage won't as you have an interest in it still.

Have you served her papers yet?

Thank you, that's useful advice. In terms of the divorce we've got the Decree Nisi through already but I am giving serious consideration to an application for ancilliary relief. She has refused to attend mediation to discuss our finances. Also, although she has previously stated her willingness to negotiate over our financial affairs through her solicitor she is stalling over filling in form E and the associated documentation. She's leaving me with little option.

In my case my ex had huge debts. We were married, so debts were considered joint, even though they were in his name.

The house had to be sold to pay them off. No consideration was given to the fact that this resulted in me and four children being without a home.

This could apply here?

It is more than likely we will be forced to sell the house which will mean her and our son having to move out. However, this is principally because she refuses to pay a penny towards the joint mortgage and I simply cannot afford the repayments on my own as well as renting a modest place for myself and my son to live. The unfortunate aspect of all this is it could be resolved if she would either discuss our finances informally, attend mediation or provide full financial disclosure via Form E. Regrettably, she won't do any of these things. The debts I am servicing have arisen primarily from the purchase of 2 vehicles, one of which she is driving but refuses to pay a penny towards. She will not even discuss the possibility of selling both of our vehicles to mitigate our debt problems whilst the Ancillary Relief is worked out.

I read some of these posts and am coming to the conclusion that I'm a saint...

I'm guessing both cars in your name? Can you contact the finance company and see if they have any advice.