[Solved] Maintenance Issues

Hi There,
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from my understanding, you wouldn't pay anything towards the 21 year old as they are no longer in full time education and the 18 year old would only be paid for until they start uni, you would pay a percentage of your gross income through CMS (formally child maintenance was run through CSA) if you have a look there is an on line calculator to work out what you would pay.
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With regards to the house, the courts would most likely enforce the sale of the property if your ex couldn't raise the funds to buy you out, this would be down to the age of your children, both being classed as adults the judge wouldn't look at them as being dependant the same way they would if they were much younger.
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GTTS

Just to add to GTTS

She may have a solicitor apply for a Schedule 1 order through CM law.

Once children embark onto higher education traditional maintenance ends. She could request it continue on the above but there is very little chance of achieving that £1,000. There are specific requirements to this that a Solicitor would be worth your time enlisting.

Thanks GTTS. I have just got the first letter from her solicitor and it has a slightly threatening tone, so that's very reassuring! I know I don't have to pay for the 21 year old and will probably have to pay something towards the 18 yr old but I am happy to do that (and to support the elder one too).

The ex has the attitude that the house is hers whatever, even though its in joint names(!) and I am paying the mortgage. I think she will be looking for enough maintenance to ensure that the mortgage gets paid and she doesn't have to move out.

Thanks Yoji, I presume a schedule 1 order is an order placed on the house?

One another point, how long does it take the courts to decide and should I pay the mortgage in the meantime?

No a schedule 1 order is a joinder of sorts that holds you liable for financial responsibility in some way for a child.

See this latest info:
www.familylawweek.co.uk/site.aspx?i=ed1807

a good piece that is factually accurate is also:
www.stewartslaw.com/financial-provision-for-children-unmarried-couples.aspx

Like I say there are criteria and rules about it.

If you are thinking of cancelling the mortgage you should let her know. If the property is in both names you need to firstly try and negotiate without going to court. Perhaps write a letter with a proposal for agreement that the property now be sold and the equity split 50/50.

Set a deadline for the above and you may consider it fair that she be asked to contribute. If that doesn't happen you will need to request the court make an order of sale.

Hi There,
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With joint names on the mortgage you are in a situation that if you stop paying it and she can't afford to pay it, the mortgage company would come to you for payment. I would call the mortgage company and ask if they can allow you to pay interest only for a term whilst you sort out the finances through court if needed, that would reduce down what you would have to pay, you could either agree with your ex that she pays the interest whilst you sort out the finances or pay i yourself if you don't think she would agree or would pay it, which from what you have said sounds likely.
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If you are looking for a court to settle to finances then that could take some time as you would have to get court date and supply all of the relevent information including full disclosure of your finances, it can become costly too with solicitors fees ect, I would see if mediation would be a better way to try and sort things out where a 3rd party would try and help you and your ex come to an agreement based on the equity in the house.
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One thing I would say is that look at the equity you have in the property with your children at the ages that they are, really you should be looking at a 50/50% split of the equity between you and your ex as the children aren't really dependants any more, however look very closely at what it may cost to fight for that 50/50 split as sometimes taking a lower percentage will save you in the long run.
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I have recently helped a friend through divorce and financial split though after we spoke he did use solicitor and also a barister through court, his costs ran near to 15k and he kept in mind what I had said about ensuring what you stand to gain through fighting for the additinal percentage was worth it, while in court he decided to take a lower percentage and gain an agreement after speaking with his legal advisors and working out what a further court date would cost as in the long run it just didn't make sense, for his case another court date would have been around 8-10K and that was what the extra percentage of equity was worth so in the long run taking a lower percentage actually made a lot more sense as he would have been no better off and would have had much more stress, on top of that there was no guarentee he would have actually have gained what he wanted.
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GTTS

Thanks again, interesting info but it all seems to be about provision for children and I will definitely be doing that . I think she will be arguing that the house is for the children and therefore should be kept, not wanting to move them etc. (although they are adults!). I have let her know I will not be paying the mortgage but maybe it was my mistake to tell her I was cancelling it at the end of this month, but that can be negotiated I guess. I think I will find a solicitor to send a reply to the letter, from her solicitor, that I received today.

Hi There,
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That's a good idea, when you are looking at finances it is best to use a solicitor, I'm not legally trianed and although my knowledge is quite good, a solicitor will ensure you don't miss anything, I only speak from my own experience, with some common sense that I wish I'd have realised whilst I was going through divorce as my solititors fees out weighed the extra I was looking to achieve and in the end I settles for a lesser amount so had the fess and less money than I wanted.
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GTTS

If you are married there might be an issue of spousal maintenance, something you might like to discuss with your solicitor, if it applies.

Best of luck