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Hello, just joined as cannot find any helpful advice online on this and child maintenance just said read the forms when they come.
For backstory I separated from my wife and in April. I moved back with my mother and I'm the meantime I agreed to pay all bills and the mortgage etc until tax credits and tbings at her end were sorted. Eventually household bills moved over to her name as she is to stay in the house we jointly own with the 3 children. I have recently moved into own flat and said i would pay maintenance and my half of the mortgage.
As I can't split the direct debit I would reduce the maintenance by her half of the mortgage. This reduced 494 to around 90. my solicitor said the same so to me this is fine.
My ex has now applied to child Maintenance as she sees this as me avoiding paying her money despite the fact I'm still paying the full mortgage and I cannot afford to pay that and nearly 500 a month in maintenance as well as my own bills.
Ironically the maintenance works out less than I paid before when it goes thru official channels but I was told I have to pay the full maintenance and I can apply for a variation on the payment for the mortgage I pay for her half. I am aware as it's joint I have to pay my half. However on reading the advice I found online it states this
"You may be able to claim expenses if you pay a mortgage, loan or insurance policy on the home where your ex-partner and the children are living. However, you must have no legal share in the property."
So after initial stress that I'll be skint then It seeming fine and the same as I expected to pay I now am back to stress that I will end up paying full maintenance and her half and she will not pay me back. She would rather see me ruined and penniless.
Can anyone advise on this as to what it means? To me I pay my half and claim in hers and it's reduced. Simple. Child maintenance could not advise.read the forms im told.
Only options I see is sign house over which she can't afford to pay for or sell but if rather the kids have the home to now
Help!
Hi there
I seem to remember reading that too...unfortunately it would require you to relinquish all claim to any equity, effectively signing it over to her. For most this is unworkable, generally the mortgage provider won't take your name off the mortgage if your wife has no means of covering it, it's a catch 22 situation.
Is she aware that if she goes ahead with this you will not be in a situation to continue supporting her mortgage and realistically the property will have to be sold? This is your only bargaining tool I'm afraid and as much as you want to assure the childrens security, if she continues with these demands I can't see it being viable.
The fact is that the amount of maintenance you would be asked to pay is all you are required to pay, so she couldn't expect any extra help towards bills or other expenses, that also goes for school uniforms, school trips, help with clothes etc....perhaps if you make her aware of the stark choices she has she may rethink the situation and accept that working out a fair agreement between yourselves is the best way forward.
Best of luck
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