I have just received a form form the CSA to complete for me to pay child maintenance. I have recently applied for a divorce and I'm sure this is 'retaliation' as i have been paying the full mortgage payment since we split some time ago as it is more that the CSA payment would be, and she appeared relatively happy with this arrangement.
I also have significant debts that i am trying to pay off which were incurred before the split and are made up of day to day expenses (clothes, food, etc that we both had the benefit of).
According to the CSA website mortgage payments are considered if the NRP has no legal interest in the FMH. have been advised that a sale order as part of financial arrangements would be best way forward as this will release capital to pay of debts in my name and debts in her name and start afresh, but she wont discuss anything directly and keeps telling me to contact her solicitor. Her solicitor keeps saying she will have to talk to her client... merry-go-round with nothing being resolved (or even getting close.
So, does anyone know if the CSA will consider the mortgage payment (i.e. her half) that i am paying and deduct it from my payment or not? Considering the other debts as well i am currently paying probably double the recommended CSA payment. I am pretty sure these cannot be considered (as they were on the dreaded credit cards) but i am also very worried about my credit score if i say OK, i will pay CSA, and half the mortgage, but the other half is down to her.
As an aside she isn't letting me see the kids for no good reason other than her revenge - personally think the CSA should consider this kind of fact, but I know they don't
What you need to do is fill in the form for the CSA. Either on the form or in an attached letter explain everything re the mortgage etc.
The CSA might ask the mother what she thinks about your claims. Either way if the CSA refuses your request to allow for the mortgage payments then you have a right of appeal.
Sorry, no definitive answer. Every case is different, you just have to go through the process. Your best bet is to give as much info as possible. Also make sure that you pay the mortgage directly to the lender, rather than to your ex. Never, ever give her cash.
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