Should I wait to make CSA claim???

Am I being silly not making a claim yet with CSA?

I have filed for divorce, (Ex had affair but I couldn''t prove it so divorced on unreasonable behaviour). I have just sent back the form for Decree Nisi.

We split 4 months ago now and we have both been paying, what I thought was half the mortgage each. I am still in marital home but my name''s not on mortgage, just HR1 form submitted.

Mortgage is £590 a month, he told me I had to pay £350 minus £100 a month for our son, so I have been paying £250 a month towards the mortgage. Only now that I have got over the heartache and shock of it all I realise that I''ve been paying more than half and he has only paid £45 a month for our son!!! pathetic.

I''ve felt scared that if i proceed with a CSA claim that it will pi** him off with regards to the house. And he will not go easy on me.

He did originally say, via txt that his 50% will go into a trust fund for our son and that he doesn''t need the money, which to me proves how callus he is and just wants to see me out of our marital home.

I have an appt next week to see my solicitor with regards to a finances negotiation package and tbh I can only see it ending up in court.

So should I just go ahead and contact CSA???

still scared and confused with everything...

In my opinion if you''ve got a difficult stbx - my ex was very difficult and still is - it looks like CSA is the only way to go - have you been on the calculator to see what amount you''ll get ? I had no option and still my ex wouldn''t pay hence the CSA did a deduction of earnings order! It will probably cause problems only you know your stbx but if you need help and he''s not prepared to give it you need to think about making the claim sooner rather than later. Solicitors don''t generally get involved with CSA claims - well mind didn''t want to know about CM at all - ask your solicitor see what hey say but seriously think about making that claim and soon.

From what you''ve put in your post it sounds like your ex is not living in the house with you.

It could be argued that your ex is paying a part of the mortgage for a house that you have the sole use of, and that he is paying to provide a home for your child in lieu of child maintenance.

If you apply to the CSA for an assessment, it''s possible that he could stop paying the mortgage altogether, and just pay you maintenance. This could leave you worse off.

Do you know, or are you able to estimate how much your ex earns? With one child he ought to be paying 15% of his net income, so unless his NET pay is more than £27,200 per year (£2227 per month) then you could end up worse off by going to the CSA.

Thanks Catwoman85.

u6c00, I''ve just spoken to CSA and they said a smiliar thing. I did think that myself.

Not got a clue what he''s earning, he''s only been self employed since this April, so no figures to go off yet but I presume it will be big bucks as he has got into property development.

So for now I''ve decided to wait until the house is sorted and agreed on.

Thanks again for your replies.

When you say self employed, do you know if it''s a limited company or if he is a sole trader?

The CSA have extremely limited tools for dealing with owners of limited companies. Essentially if he''s running a limited company then take what he offers because the CSA are useless at dealing with them.

If you do go the Csa I can guarantee he will stop paying the mortgage then if you can''t afford it the house gets repossessed. Mine wanted Mortgage and Csa paying nearly £900 a month over 3/4 my wage lol. I chose the Csa payment she got one or the other her fault being greedy. House repossessed now she''s moved to local housing authority and we owe £16k mortgage well they have split the debt 50/50 not that she knows.

If you do go the Csa I can guarantee he will stop paying the mortgage then if you can''t afford it the house gets repossessed. Mine wanted Mortgage and Csa paying nearly £900 a month over 3/4 my wage lol. I chose the Csa payment she got one or the other her fault being greedy. House repossessed now she''s moved to local housing authority and we owe £16k mortgage well they have split the debt 50/50 not that she knows.