[Solved] CMS & Outgoings

Hello MWall66,

We agreed to pay 36.94p in the £

We pay £100.00 PM

The IVA Was a joint application and all debts were together, Mortgage was not part of the IVA but will need to see if i can re-mortage in the 5th year which won't be possible as no one will do it so it goes on for another year.

hi,

if you want to go to court for child arrangements, then you need to speak to a family mediator first. you should be able to book a call for £100 or less. if they think there is no point inviting your ex to mediation, they will give you permission to apply to court.

Hello Bill,

If we go down that route would the CMS accept that as 50/50 custody?

hi,

if your able to get 50/50, then it would depend on the wording of the court order. if it states something like 50/50 equal day-to-day care of child, then that should be good enough for CMS.

What i mean Bill is that if it didn't get to court it just went to mediation and they agreed 50/50 would that be surficient for the CMS

yes you could try get a consent order written up and agreed during mediation. and that way you don't have to go through court.

Hi, OK. sorry wasn't clear a joint CVA, sometimes a mortgage can be included, but rarely and obviously will not be able to re-mortgage until the IVA is finished

With me living in the mortgaged house and paying the ex's half too would CMS consider any of this at all with my payments? Or take off what the ex would be paying off my salary?

Hi

A joint mortgage like any joint debt means you are both jointly and severely liable for the full amount. There is no such thing as your half or her half of the payment. That is an agreement between you two. From the banks perspective you both agreed to ensure that the full amount of the mortgage is paid irrespective of who pays what % towards it each month.

Unfortunately as you still own it then no CMS will not consider it in their calculations. The fact that you want to keep it for the kids etc is of no concern to the CMS after all you could sell the property and then rent a place etc or various other options. CMS only deal with the amount you have to pay your ex and not where the kids will live or spend time with you etc.

only thing I can find about CMS and mortgages is:

You can apply for a ‘special expenses variation’ for:

making payments on a mortgage, loan or insurance policy for the home that the paying parent and receiving parent used to share – the receiving parent and the child or children must still live in the home and the paying parent must have no legal or ‘equitable’ interest in it (must be at least £10 a week)

https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance

Cheers Bill, I knew it was explained in the guidelines somewhere.