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Currently separated from my Ex and awaiting divorce petition approval. We separated in June and I continued to pay the rent on our joint tenancy HA house until October.
During mediation sessions in October it was agreed that she would sign the tenancy agreement to move it to sole tenancy and also to start paying the rent using the payments I was sending her which were at around 175% of the child maintenance calculation. For unknown reasons she failed to turn up to mediation beyond October despite attempts from myself and the mediation solicitor to contact her and it fell silent. Recently I became aware that not only had she not sent off the signed documentation to the HA but she also had failed to pay the rent since my last payment to them in October. This is with zero contact with me (outside of contact regarding our young son) to advise of the rent issues. I have been in good contact with the HA since finding out about this situation and I'm trying to work with them to help resolve the issue but at the same time I can't pay her rent and mine. My solicitor advised that for the time being I should pay 50% of the rent using the monies I was paying above the calculated child maintenance though I know that all this does is reduce the final amount I'll be liable to pay as I know that my Ex will plead poverty (despite me paying enough for her to cover the rent).
For reference the child maintenance payment is currently a joint agreement uaing the CMS calculator and the CMS haven't been involved (although I have contacted them and had a case reference created just in case she's starts to challenge that)
So my question to the forum is that to avoid them being evicted and to reduce my final debt should I (and am I allowed to) pay the full rent on the property utilising some of the child maintenance? My case being that if I don't, given her refusal to contact or respond to attempts to contact her by the HA, the likely her of eviction is high and I am attempting to prevent this.
Would a court/judge see it this way?
At the moment, as it's only an agreement, then you can probably do this, but if she opens a case with CMS, anything you pay towards the rent won't be included - you'd need to pay the child maintenance amount specifically for child maintenance, otherwise they will disregard the payments. I would ask whether she is actually fit to have residence of your son as it would seem that you would be better being in the property and giving your son a stable home.
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