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mortgage payments instead of child support?.....

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12 Sep 12 #355485 by Fiona
Reply from Fiona
allmixedup, you are each liable to pay the whole mortgage but If someone enjoys the sole use of a property it could be said they should pay the whole of the mortgage, part for their share and part in lieu of rent for occupying the other spouses''s share. However, there is duty for spouses to support each other and if that left you struggling you might be able to claims some spouse maintenance from your husband if he could afford to contribute to your living expenses after paying his own.

Your husband is liable to pay child maintenance and that can''t be altered. From a practical point of view in the interim until a divorce settlement can be sorted out it''s swings and roundabouts whether he pays all the mortgage in lieu of child and spouse maintenance or if he pays you the money and you then pay the mortgage.

Longer term your ex will be liable for child maintenance and it can''t be offset against something else.

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