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does maintence include mortgage help?

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Carole18
Posted by
Junior Member

11 Nov 12 #365788 by Carole18

Topic started by Carole18

Hi everyone, im new to all this and just wondering if anyone can advise me.

My ex is paying voluntary maintence at minute but im wondering does this include his contribution to keeping a roof over his child''s head ?
he wants to sell our maritial home (he had/is having an affair - he moved out) I do not want to sell although realistically cant afford mortgage payment by myself
I''ve heard that cause she is only 5 yrs old he has to help finacially support the maritial home - is this correct?

Lostboy67
Moderator

11 Nov 12 #365794 by Lostboy67

Reply from Lostboy67

Hi
It depends what type of maintenance youa re talking about, since this is a volantary payment then its to cover everything. It may be that the payments he is making are below what the CSA would assess as child maintenance (this would be 15% of net salary). Usually child maintenace is for everything related to child ''running costs''. In addition to this is Spousal Maintenance which might be awarded in the concent order, but that is more complicated and assessed based on your respective incomes and outgoings.
It sounds as if you are at an early stage so still some way off a concent order, you should confirm that he is paying the 15% child maintenance.
If this is not enough to keep a roof over your head you could ''invite'' him to pay a contribution to the mortgage, and if that does not meet with a positive response you might be able to apply for a Maintenance Pending Suit, but you would really need to speak to a solicitor to advise on the prospects in that regard.

In the financial settlement priority is given to the welfare of the children, and keeping a roof over their heads (and therefore by implication your head).
It may or may not be in the FMH, it depends on a lot of factors, like the size of the FMH, your ability to get a mortgage etc...

LB

Child Maintenance Options
Moderator

20 Dec 12 #371031 by Child Maintenance Options

Reply from Child Maintenance Options

Hello,

Thanks for your post. I''m Sarah the Child Maintenance Options Consultant. It seems that you’ve already been very proactive in looking after your daughter by creating a family-based arrangement. With a family-based arrangement both parents can agree what is involved in the child maintenance arrangement. It can include money and other kinds of support, for example paying towards the mortgage. Although, a family-based arrangement isn''t legally binding, it''s flexible enough that both parents can adapt to changing circumstances and make a new arrangement if necessary. It is easy to set-up and only involves both parents.

In terms of monetary amounts, you can get an idea what your child maintenance payments would be through the Child Support Agency (CSA) using the Child Maintenance Options calculator. You could also use this amount as a starting point for your family-based arrangement.

Following the CSA''s guidelines they work out child maintenance using the paying parent''s income, which includes earnings, money from an occupational or personal pension and tax credits. They use the amount of income left after deductions such as Income Tax, National Insurance and any money paid into a personal pension scheme. There are other factors that the CSA may take into consideration, for further information about this you may wish to contact the CSA directly. You can find the right number here: www2.dwp.gov.uk/csa/v2/en/contact/index.asp

We have a web application that you may find useful, it offers help and support to separating families. The link is: www.cmoptions.org/en/sortingoutseparation/index.asp

For more information about family-based arrangements and access to useful tools and forms online you can visit www.cmoptions.org, or if you''d prefer a confidential chat you could call the Child Maintenance Options team on 0800 988 0988 (free from a landline).

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