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I have been separated for 12 months living with parents and have still been paying the mortgage on our matrimonial home as is in my name. The CSA are now involved and are saying unless I can prove I have been making payments (which I can through bank) I may be able to offset these however have to prove I have no vested interest in the property. Either way my CSA is much less than the mortgage and as my wife is lying, stopping access to children among other things I am now at the stage where aswell as going to court for access I am also now NOT willing to pay a penny more than I have to. The money I then save will spend it on my children when I eventually get to see them.
The question I am asking is that although the house in purely in my name (mortgage and deeds) I am now going to pay the CSA ONLY and defer payment on the mortgage. She can then put the CSA I pay her towards the mortgage as she will not want to loose the house. This is a gamble I know but one I am now willing to take. Our divorce is just going through but need to know whether I have any legal implications to pay the mortgage aswell (apart from lender implications) and whether the court later on down the line will come down heavily on me for only paying CSA.
I would get advice (lawyer of citizens advice bureau) - the CSA is purely for child maintenance, and nothing to do with any split that the divorce court may on matrimonial assets. As I say, specialist advice at this stage could save you a lot later on, including the ability to get a mortgage or other credit.
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