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I am slowly getting a divorce but the sticking point is wether to sell the house or getting some sort of agreement as to the kids and wife stay in the house. If I changed the mortgage to interest only the wife is saying she would not claim any Child Maintance from me.
I understand that a family based agreement only lasts a year ? Is there any other way to get an agreement that is binding that lasts long term over Child Maintance ? maybe a Consent Order ?
Can I offset a percentage of the house equity against Child Maintance and get a long term binding agreement ?
all advise welcome as we are going to a Mediator next week. thanks
12 months after the order is made, she can go to the CMS and they can (and will) override the court order, so you'd end up paying child maintenance. I would personally get a consulation with a divorce lawyer very quickly - you may get a free 30 minute consultation, but even if not, I think paying for an hour of his time would pay dividends in the long term. If you do get legal advice, make sure you have everything written down beforehand (only important points, not trivial stuff) so you get the best value for the time you are paying for.
Hi There,
A private family based agreement will last as long as you are both happy with it, only a court ordered financial payment is valid for 12 months and as actd says after that either of you can go through CSA/CMS. If you can agree on a family/private arrangement this is always better but as it isn't official you need to bear a few things in mind, you need to ensure payments if any are made through bank transfer with a reference to show they are for maintenance so you can show you have paid, and you also need to be aware that either of you can decide that you want to change the agreement at any time and go through CSA/CMS
If you can make an agreement that you pay the mortgage as interest only and then not pay her anything labelled as child maintenance then there is a risk that it could look in the future that you haven't ever paid any.
As actd has suggested get some advice from a divorce solicitor and see which is the best way to go.
GTTS
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