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It is the Mortgage OR Child Maintenance, not both

Unknown01

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For anyone still in doubt, this has recently been established by the courts in this ruling. CMS, to be fair, were challenged by the resident parent as they had varied the maintenance downwards but the judge still pointed out that their guidance was wrong.

You should be paying EITHER child maintenance in full or your share of the mortgage plus a residual amount if this is less than child maintenance. You should not be paying both. If the resident parent needs further help with finances then they need to apply for maintenance pending suit.

Resident parents won't like this because typically they try and get themselves into a cushy position where their ex pays everything directly (e.g. mortgage and bills) or as child maintenance so that they can also claim universal credit. That little arrangement has now been killed stone dead. If they want extra money it WILL affect their benefits, and rightly so.
 
At the NMO order too she was ordered by the court pay half towards the mortgage but hasn’t since the nmo court order
 
It's great news and thanks for that very useful information Unknown01.
 
At the NMO order too she was ordered by the court pay half towards the mortgage but hasn’t since the nmo court order
If she is breaching an order pending final settlement, this will be taken into account when the assets are split. It also evidences her credibility (or lack thereof). It also suggests that she cannot afford the FMH and that it should be sold.
 
Is it worth taking it to court or wait for the divorce to show she can’t afford it. The thing is half the mortgage is only £180 and I am giving her £390 child maintenance and she’s getting £980 a month universal credit and her wages £900 month . I wanna sell the house spilt she won’t that’s why she says domestic violence the whole system is wrong.
 
Is it worth taking it to court or wait for the divorce to show she can’t afford it. The thing is half the mortgage is only £180 and I am giving her £390 child maintenance and she’s getting £980 a month universal credit and her wages £900 month . I wanna sell the house spilt she won’t that’s why she says domestic violence the whole system is wrong.
I'm always amazed when I hear of people getting UC when they're earning above a certain threshold.
 
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I think people like single Mothers on child benefit are allowed to work up to 16 hours a week - not sure what the earnings level is - but things might have changed since that was the case.
 
I think people like single Mothers on child benefit are allowed to work up to 16 hours a week - not sure what the earnings level is - but things might have changed since that was the case.
Internet say £892 PCM
 
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I wanted an amicable spilt sell the house 50/50 both could have got house each with equity easy no mortgage. Instead she claimed domestic violence rape non molestation order occupational order keep me away . Then get universal £900 plus £370 CMS and live there rent free paid by me not bad is it. Keep the kids away . At the non molestation order told the judge I was arrested for four things things she said the 3 but couldn't remember the other one which was rape hey what a country we live in. No wonder blokes mental health. My kids I feel sorry for.
 
I wanted an amicable spilt sell the house 50/50 both could have got house each with equity easy no mortgage. Instead she claimed domestic violence rape non molestation order occupational order keep me away . Then get universal £900 plus £370 CMS and live there rent free paid by me not bad is it. Keep the kids away . At the non molestation order told the judge I was arrested for four things things she said the 3 but couldn't remember the other one which was rape hey what a country we live in. No wonder blokes mental health. My kids I feel sorry for.
It's sick.
I just can't imagine having the mindset to destroy someone like that.
These types of people absolutely have some sort of personality disorder or weird wiring in their brains.
 

For anyone still in doubt, this has recently been established by the courts in this ruling. CMS, to be fair, were challenged by the resident parent as they had varied the maintenance downwards but the judge still pointed out that their guidance was wrong.

You should be paying EITHER child maintenance in full or your share of the mortgage plus a residual amount if this is less than child maintenance. You should not be paying both. If the resident parent needs further help with finances then they need to apply for maintenance pending suit.

Resident parents won't like this because typically they try and get themselves into a cushy position where their ex pays everything directly (e.g. mortgage and bills) or as child maintenance so that they can also claim universal credit. That little arrangement has now been killed stone dead. If they want extra money it WILL affect their benefits, and rightly so.
Thankyou for this, it's a very interesting development, one that I will surely.mention to my solicitor and barrister come the final hearing. It was the one thing I was worried about, that if the judge decides to let her stay in my house then yes I'd pay that mortgage but would cease to pay the bills, the fear was stbx would then go for CMS in lieu of those bills not being paid. It gets even more fearful as the final draws near,early next year,that the ex has not complied with any financial disclosure or attended the hearings, therefore asit currently stands the judge will be making the decision solely based on my disclosure, how is that fair? I do know I will concede, however I don't want her to get more than she actually needs, as far as I know she could have another income stream, support from an undisclosed new partner, it's a proper fubar situation.

To add,the stbx brings home circa 1100 per month AND UC,plus child benefit, totalling around >1500, and doesn't pay one thing towards the house she living in, yep she's rent free and bill free.
 
This is very interesting.
At the moment I am paying both CMS and my share of the mortgage on the family home, havent lived there for aover a year now.
Can't get my life re-started due to the money going out on all this.
This will help when I decide to give my stbx notice I will be stopping paying the mortgage in 3 months.
 
I would recommend you apply to CMS for a variation rather than change arrangements on the mortgage. This will mean you can carry on ensuring your half of the mortgage is being paid rather than paying full CMS to your ex and hoping she pays the mortgage.
 
Thankyou.
I did contact them and make them aware of the mortgage so I believe this has been taken into account.
I cannot keep this going though and if I give her 3 months notice then hopefully it will get the bal rolling with the finances.
I am more than happy to pay the CMS for my children. It is more the mortgage that I am going to let her know in good advanced time that I am no longer living there, cannot afford it as need to spend this on getting my own place.
 
Well, you really need to be clear whether CMS did or did not take it into account. If they did, then you cannot stop paying the mortgage without an upwards variation to CMS. If they didn't, then this is likely because they are clueless about their own rules (65 and 67 to be precise) and you need to escalate it.

Getting CMS reduced would still be my recommended action, not least because you can avoid dealing directly with her and giving her more potential opportunities to lie about you.
 
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