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Child Maintenance / Mortgage (PLEASE HELP)

  • spannerwood
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02 Mar 11 #255005 by spannerwood
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Hi, I'm really confused with this and it is giving me ulcers. I pay my separated wife £600 per month child maintenance. This is OK. But my problem is I still also pay on top half the mortgage as she still lives in the property with the kids and her new boy friend (who visits 4 times a week apparently). This equates to £200 and could go up as it is on a tracker mortgage. I've told her that this isn't fair because I get nothing from the property and I have to find my rent elsewhere too. She insists they are 2 separate payments and to keep my interest in the flat (the mortgage, deeds are all joint) I still need to pay half. Does anybody have any ideas? Thanks.

  • Camelia
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02 Mar 11 #255006 by Camelia
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Seems a lot...my ex husband pays £240 csa although this is less than he should as he is now earning more but hasn't told them and he pays nothing towards the mortgage, buildings insurance, house maintenance etc, I pay it all.

I do live in the FMH, I don't have a problem with paying my way but the greedy ex wants half the equity yet doesn't pay half the mortgage or non stop maintainance, despite being named on the deeds. He can't have it both ways...and I don;t see why I should pay to insure his interest in the house either..I get nothing back from him for making sure his interest is covered. Having said that, you seem to be paying more than your share....how many kids ?

  • Lostboy67
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02 Mar 11 #255020 by Lostboy67
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Hi
The usual argument is that she should pay the whole mortgage including your half , in lieu of rent because she has the use of your half of the flat. Does she have enough income when you take into account what she earns (if anything) + benefits etc to be able to pay the whole mortgage? I am assuming the CM figure of 600/month is something that has been agreed rather than a CSA figure, it might be worth running your details through the CSA calculator to see what you should be paying according to them. If that comes to less than 600/month then you could use this in your negotiations

LB

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02 Mar 11 #255025 by spannerwood
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Hi,

she earns well at £35K. Plus she gets the CHB of £130 per month. The £600 I pay her per month is the CSA figure although we don't run it through the CSA. I'm just so, so worried that if I don't pay the mortgage part then I will lose any money when/if she decides to sell. I worked so hard and long to help get us in there in the first place. Dan

  • WYSPECIAL
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03 Mar 11 #255034 by WYSPECIAL
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How many kids are there? £600 csa is high so you must be a high earner or a lot of children involved? Are you sure the figure is correct?

How much equity is there in the house and what would the rent be on a similar property.

You should be arguing that she has the use of your half of the equity and should be paying half the market value rent to you. That should offset the mortgage payment easily enough

  • mumtoboys
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03 Mar 11 #255039 by mumtoboys
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Reading between the lines, you're not yet divorcing and as such, there's no financial agreement between you or a financial agreement which has been signed off by the courts? If this is the case, you need to consider moving this forward to get some closure to this situation for you.

The CSA count payments towards a mortgage on a property you will not benefit from the sale of as child maintenance, but NOT in the situation you are describing.

If you genuinely can't afford it (and you believe that she can), you could simply tell her that you will no longer be paying and see what happens. Just be aware that it could cause all sorts of backlash which include problems seeing your children and a ruined credit rating, even going as far as repossession. Not the recommended route. Getting some advice from a solicitor, suggesting mediation to your wife as a way forward would be a good place to start and show her that you mean business and want this all finished.

  • Bobbinalong
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03 Mar 11 #255059 by Bobbinalong
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mumtoboys is right, you are in limbo land.
CM is 20% of your net pay less pension contributions for 2 kids.
You do not need to continue paying mortgage if you are not living there and have your own place to also pay for. Especially if BF is there, he will be contributing, but also having a high time on the £800 a month from you.
Also remember when you ask her such questions, she is not going to agree to decline any payments, your talking to the wrong person...

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