[Solved] Wife's mortgage application

Hi There,

There is no easy answer to this each financial settlement will be different and a lot of the outcome will depend on what you are willing to accept.

I would say though choose you battles wisely, if you can manage to allow the amount that she is asking for then maybe to stop the on going battle accept it, only you will know what is going to be managable.

If you look at the CSA calculator it will tell you what you should pay based on your wage and how many nights you have the child/children you will then be able to use this amount as a starting point for discussions.

As said choose your battles, by dragging out arguements it can cost more in the long run with solictors fees and possible court ect.

GTTS

OK, you could be a bit sneaky here. If you were to settle as she demands (assuming you are moderately happy with the equity split), you could pay her £500 maintenance for a year - that will cost you £6,000. After a year, you can then approach the CMS to have them assess the case, and that will override the court order - you do need to check that the CMS still have the powers to override the court order after a year just in case that has changed (Huxley - any idea on this?) - but that £6000 is probably less than you will pay in solicitors fees, and even then, you'd probably still end up paying some maintenance, and maybe losing more of the equity.

Hi Devastateddad41

Thank you for your post. I am William the Child Maintenance Options consultant. I will provide some information that may help answer your query.

With regards to the cash resettlement figure and the division of your assets, you may wish to seek legal advice to clarify what will be a fair resettlement.

In terms of the child maintenance that you have been asked to pay, you may wish to use our online calculator ( http://www.cmoptions.org/en/calculator/). This will give you an indication of how much child maintenance that may be payable if you were to use the Child Maintenance Service.

With regards to putting a child maintenance arrangement in place with your wife, there are a number of options available to you. One option that you may wish to consider is to set up a family-based arrangement with your wife. With this type of agreement, there are no strict rules to stick to. Therefore, both of you have the freedom to decide how much child maintenance will be paid without the involvement of the courts or the Child Maintenance Service.

A family-based arrangement can include money and other kinds of support, such as you directly paying for things that your child or children may need. Family-based arrangements are not legally-binding, however, many parents prefer them because of their flexibility and how easy they can be reviewed, such as if you or your wife’s circumstances change. They are also free to set up and maintain. You can find more information on family-based arrangements on our website at http://www.cmoptions.org/en/family/index.asp.

We have a range of tools and guides on our website that may help you set up a family-based arrangement with your wife ( http://www.cmoptions.org/en/toolbox/index.asp). These include our discussion guide which you can use to plan your conversations around child maintenance. We also have a family-based arrangement form that is not a legally-binding document, but if used to write down what both of you have agreed, it can help to formalise your arrangement.

If you feel that a family-based arrangement will not work, you can make an application to the Child Maintenance Service. They use two schemes: Direct Pay and Collect and Pay. Both schemes are legally-binding and enforceable.

Direct Pay is where the Child Maintenance Service will provide both you and your wife with a child maintenance calculation and then allow both of you to decide the payment method. After this, the Child Maintenance Service will make no further contact unless they are informed that payments have stopped or if there is a change in either of your circumstances.

Alternatively, under the Collect and Pay scheme, the Child Maintenance Service will calculate and collect payments from you and then forward them on to your ex-partner. If you decide to use the Child Maintenance Service, your responsibility to pay will be around the point when you are contacted by the Child Maintenance Service.

The Government plans to introduce charges for using the Child Maintenance Service at some point in 2014. There will be three types of charges:

• Application fees
• Fees for collecting and paying out child maintenance
• Enforcement charges for paying parents who do not pay

The best way to avoid charges is to set up a family-based arrangement and not use the Child Maintenance Service at all. However, if you and the other parent cannot agree an arrangement between yourselves, there will be no collection fees for parents who pay and receive child maintenance using Direct Pay, only application fees.

For parents using the Collect and Pay scheme, the Government plans to charge collection fees to both the paying and receiving parent, this is for collecting and passing on child maintenance payments. Under the proposals, the paying parent would have to pay 20% in addition to the weekly maintenance payment and the receiving parent would have 4% taken away from the weekly maintenance payment.

If you decide to make an application to the Child Maintenance Service, you will need to contact us first either by telephone or email, for your unique reference number. This number is personal to you. It is unique and shows that you have spoken to Child Maintenance Options before applying for a statutory child maintenance arrangement.

If you feel that none of the above options will work for you, you could consider a Consent Order, or a Minute of Agreement if you live in Scotland. Both of these options are official rulings made by a court. To arrange a Consent Order or a Minute of Agreement, both you and your wife will need to agree how much child maintenance will be paid and how often before going to court. This type of agreement is usually set up when both parents are going to court for other reasons, such as arranging a divorce or dividing assets. Arranging a Consent Order can be costly as fees for solicitors, mediators and court costs may apply.

For more information on the ways to set up child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

Hmmm sorry I can't help on this one, I'm not clued up on maintenance court orders