interim maintenance

Hi,

just signed petition, agreed to 2 years separation as just want it all sorted quickly. Extb cohabiting with new partner (she has no kids, own home and they work together - the poor woman!)although he denies this.

He earns 40k, and claims to be living in another property which we jointly own (Utter crap!). We borrowed money on FMH to purchase the other property. We have 1 child (10) Up until now he has continued to pay the mortgage therefore I havent asked for a penny as maintenance. He is now refusing to pay the mortgage and wants to just give the minimum 15% for our child. I earn 10k, work part time. The mortgage payment is the same as my monthly wages. Even with tax credits and 15% maintenance I would be unable to continue to pay the mortgage.


What are the costs involved in applying to the court for an interim maintenance order? I simply want him to assist me to keep the roof over our childs head until finances are sorted properly?

Given that his housing needs are being met and he has no debts (that i know of)and has a lot of disposable income compared to me, even more so when he stops paying the mortgage(he also has company car, phone, petrol costs etc etc) will the court order him to cough up for the mortgage at least? (Only whilst proceeding are ongoing - I hope to finance FMH myself after dicorce - not quite sure how yet though!)

I have yet to get him to attend mediation. His housing needs are being met. Even if he claims to live in our other property, surely I cant be expected to pay for that as its tied in with the FMH and him live mortgage and rent free at my expense!!!???!)

He has stated that he will let FMH become reposessed if I cannot pay the mortgage. Its obviously his 'I'm alright jack' attitude that I have come to know so well from him.

I know that things could be far worse and have been really touched by what i have read on this forum.

Hi true. He does have a debt. The mortgage. In fact you both have that debt. But its only fair to pay it to keep a roof over the head of the child at least. And while the divorce is in progress he should pay the mortgage.

Interim Maintenece is called Maintence Pending Suit. This is done as part of the Ancilory Relief process. At least I am fairly certain it is.

I am asuming when you said "we" you mean this is a joint mortgage. In your case I would go and see a solicitor. I know its going to cost you but I dont think it can be avoided. You could self rep as many have on here. Good luck. C

Hi the court costs are

application for ancillary relief £210


application fot a maintenance order £35

These are court costs only.

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