Joint Mortgage, Liabilities

I agree with you there. Although with the rules changing this year in an attempt to patch up a sinking ship, I don''t see anything changing for the better for several years yet.

Hi Fiona, yes we were married. For obvious reasons I would be over the moon the be able to use a solicitor. But the reality is I cannot spend 150 pound/hour or 1500 pound/day for court hearings. But I do agree that their roles are significant. I have been representing myself and my advice to anyone that contemplating to undertake such thing is DON''T. Its a highly stress full and heartbreaking process, especially relating to your children.
Relating to CSA, funnily enough the person i spoke to said, they prefer for the separated parents to make private arrangement, rather than using their service (?) that comment is a bit odd to me.

I agree with you there. The same law fits for all in legal aid as well. people purposely give up their job just so they can be on legal aid scheme. I have lost mine because the only pay out they consider is rent n I live in a cheap council flat, on and off buses with the children, while my ex live in the marital home, driving our car, and still eligible for legal aid.
Not much we can do I guess, sadly, thats just how it is. There are always people out there that abuse the rules.

The idea is to move towards parents making their own private arrangements and in the future the CSA will be charging both parents with care and non resident parents. If parents have a written private agreement it may be enforced through the small claims court like any other debt.

Under the current CSA rules to qualify for a reduction to the amount of child support the NRP pays, a the debt must have been incurred for the benefit of the NRP and the PWC or any qualifying child and any other child in the household

Debts which could qualify for a variation are those which, for example, were incurred to purchase furniture or computer equipment, a family holiday or home decoration or alterations.
If the NRP continues to enjoy the benefit of the item or service which gave rise to the debt, the application will be excluded.

Also excluded are credit card debts, business debts, debts relating to the costs of separation, divorce, or dissolution of a civil partnership, fines and loans obtained other than from an employer, bank, building society or other registered lending institution. Therefore your husband''s car and loans won''t qualify for a variation.

Your husband is liable to pay CM, but if you enjoy the sole use of the former matrimonial home it could be said you should pay your share and your ex''s share in lieu of rent for occupying his share of the property. It is usual for separated spouses to pay their own household bills. So you may not be any better off claiming child support. If you are left struggling you may be able to claim maintenance but generally someone on average or below average income won''t be deemed to have the ability to pay maintenance.

The expense of solicitor is relative. If you pay £1.5k and you are better off by £200 a month for the next 10 years it is money well spent.

jammin35 wrote:

Personally I think the CSA should go and courts should make individual decisions based on individual circumstances ...

Before the CSA existed the courts did consider individual circumstances and the complaint then was there was no uniformity.