Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Afternoon all, anyone know if the CMS take into account your mortgage payment when calculation what you have to pay towards your ex , getting some conflicting stories
Cheers
Hi mate
If you have left the family home and still paying the mortgage after a divorce/separation the court can say no maintenance payable not sure what you situation is.
Otherwise its simply based on income and overnights
My understanding is that if you still have a financial interest in the house, ie you are sole or joint owner and will benefit from any later sale, then CMS will not take your mortgage payments into account.
However, if you have handed the house over as part of the settlement but continue to pay all or part of the mortgage because there is no alternative, then CMS would take it into account.
They will not take the cost of the mortgage payments off your total CMS payments, I think they would take the annual mortgage payment off your total assessed income, that they calculate your CM on.
So, if you earn 30K and your mortgage is 10K, they would assess you on the 20K figure for income.
I am no expect however, so others may have something to add, but I was considering this in my options when going through divorce.
Typo. If your mortgage is 10K, not 20K.
from CMS booklet:
Expenses a paying parent can ask us to consider:
-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).
Oh I know this situation very well. I was in a pretty difficult situation with my mortgage for the house we bought with my ex-wife 7 years ago. When we were at the divorcing process the court ruled that the bank must sell the house at the auction and then shared all earlier paid money equally between both of us and the rest of the money went to the bank according to the current cost of the house.
But I did not give up on my own house))) in 3 years after it I took another mortgage having relationships with my next girlfriend, but this time I was the only owner and I paid everything alone. We still not married but plan soon.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.