Schedule 1 of Childrens Act

Hi,
currently seperating from ex partner after 18years. We have a joint mortgage of 136,000 and the house on the market for 225,000.
Two kids 13yrs and 9yrs. Kids are coming with me. I have been looking into where to live and what I can afford. He earns 42,000pa I earn 8900pa. I have been in touch with a financial advisor who is looking at my options, but I am pretty much stuck as the maintenance he will pay me wont be taken into account as income unless through the csa or court order. I am in the process of applying for child and working tax credits.
I applied to housing association for a shared ownership scheme, even with 30,000 equity they turned me down as I simply dont earn enough. So now I am frought with worry over how I can provide a roof over my kids head. When I explained I was trapped to ex, he simply looked at me un-caring, despite me pointing out this was his children I was trying to secure a safe home for.
I wanted an amicable split, but he wont move out and is making things difficult. So I sought legal advice today but the solicitor blew my mind; (I am rather an emotional wreck at the moment )
He advised I could apply to remain in the house with the kids under the childrens act, and ex would still get his equity at the end of it once ds is 18.
I am still trying to process all that he said. But was hoping someone could clarify a couple of things for me if I persue this route.
Does that mean my ex would still have to pay for all or part of the mortgage if I get the order and remain in the house? Or do I take over everything from that point on.
Also if he did, would he still pay child maintenance on top of the mortgage or would it be one set amount per month to cover mortgage and child maintenance.
Sorry if they seem such silly questions. I am frought with worry, I just can''t see a way out as I earn so little. Yet he can walk away from this house and straight to another bank for a mortgage. I feel trapped, this is my last hope before resorting to renting or a council house.
Thank you in advance.

Does that mean my ex would still have to pay for all or part of the mortgage if I get the order and remain in the house? Or do I take over everything from that point on.

It may do, but it depends on the resources you both have and the affordability of mortgage payments. The other thing that may be worth considering is selling the property and downsizing with your ex-partner having an interest in the new property if that would make it more affordable.

if he did, would he still pay child maintenance on top of the mortgage or would it be one set amount per month to cover mortgage and child maintenance.

Because your ex-partner would retain an interest in the property he would need to pay child maintenance on top of any mortgage payments. When child maintenance can be agreed it can be included in a court order "by consent." Any provision for paying the mortgage would be a separate order/undertaking in the same document.

Hope that helps.

As you aren''t married the laws are different to those of married couples seperating. I''m not sure therefore that your ex could be made to pay the mortgage on any property that you move to .

CakesandFlowers wrote:

As you aren''t married the laws are different to those of married couples seperating. I''m not sure therefore that your ex could be made to pay the mortgage on any property that you move to .

There is more than one way to skin a cat.

Financial provision for children of unmarried parents may be made under Schedule 1 Children Act 1989 in the form of periodic payments, lump sums or settlement or transfer of property to provide a home for the children throughout their dependency.

When a claim is successful the property (or interest in the property) is usually held on trust for the benefit of the child so when the child reaches independence the property (or interest) will revert to the person against whom the order was made.

Undertakings can be made or periodic payments ordered to cover mortgage payments.