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Divorce equity CSA etc...help please

Hi,
We are still at the "trial separation" stage but thinking ahead...
A friend today said she would expect my husband to have to support me and my 2 kids in our current house.
I am dubious.

Mortgage is £1300 per month at present rate.

We only just get by as it is with me contributing some to the mortgage through my childminding work. So quite how he would do that and pay for his own lodgings I don't know.

I envisaged us having to sell the house and split the equity (if any in current climate)

Does he have to pay us more that the going rate advised by CSA? or is that down to amicable agreement?

If I move out I obviously lose my childminding business. Need to pay my debts each month...£400 eek. So I presume I would just have to contact creditors and say I can't pay until equity comes through and then accept having a bad credit rating?

What are my chances with the split of equity?

If we move out I would have no job to be able to rent a property. Parents would put us up, but then I am worried my bad credit from not being able to pay debts will then stop me from being able to rent at all.

Aaaargh v stressed. I don;t expect much, all I need is a little place for me and kids to be happy. Really hoping there is still some equity on house cos starting from scratch with very little money but at least no debts sounds so enticing.

Thanks,

E
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Comments

  • Prudent
    Prudent Posts: 11,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the mortgage is joint you will both be liable until the house is sold.

    I only got the csa amount when my marriage broke down (although ex did pay mortgage - but no csa as they were so slow- until house was sold).

    It sounds like your mortgage would be too much for you take on by yourself.
    would it be possible for your to rent locally and keep your childminding business? Its usually much better to work as money via csa is not counted as part of child tax credit assessments.
  • skintmum_2
    skintmum_2 Posts: 75 Forumite
    Yes there is no way I could take on mortgage by myself esp with my level of debt.

    Local rent falls higher than the amount the council would pay on housing benefit. I'm looking at about £850 plus for a 2 bed terrace house or 2 bed flat.

    Plus not sure about the legalities of childminding and running a business from a rental address.

    I don't understand the bit about CSA money not counting towards tax credits...isn't that a good thing?

    sorry new to all this.
  • Prudent
    Prudent Posts: 11,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    skintmum wrote: »

    I don't understand the bit about CSA money not counting towards tax credits...isn't that a good thing?

    sorry new to all this.

    Yes it is. It means when your child tax credit amount is calculated they wont include csa in that amount.

    I think it is included in calculations for housing benefit though.

    Have you conisdered applying for council housing?
  • skintmum_2
    skintmum_2 Posts: 75 Forumite
    Thanks Prudent.

    I did contact the housing place about council housing but my chances in my particular area are very very slim. I could go on the list though and wait but apparently it could take years.

    Or she said if I was willing to accept a high rise I could pretty much get a place straight away...nice.

    I live in a nice place, my daughter is 4 and starting at school in a village just north of me - didn't get into local school - and the city I live in can be pretty grim and dangerous - lots of knife and gun crime. Not wanting to sound snobby but I would rather go and live with parents in Warwickshire for a bit until sorted than have to take my kids to a bad area.
  • Prudent
    Prudent Posts: 11,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can understand - I was just the same myself when I was in that position.

    If you could get a job, then perhaps moving into a place of your own eventually might be an option :)
  • skintmum_2
    skintmum_2 Posts: 75 Forumite
    Yep I think you are right - I am thinking I don't really want to have to move as my friends are here and they are a great support. Obviously DDs new school is here too although she hasn't started yet til Sept.

    You are right I am sure I could get a job doing something in this area... and then rent and hope I can cover the rental from maintenance, wages, tax credits etc.

    I suppose I am better off trying to get a job asap rather than waiting until there are debt problems and then not being able to rent.

    Family support sounds great in theory, but living with parents again...eeeek. And though my sister would be in house next door !! its over an hour from here and have to think about husband seeing kids etc.

    Right next stop reed.co.uk!

    PS anyone else who wants to comment pls feel free any advice gratefull received
  • pinkshoes
    pinkshoes Posts: 20,675 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think your friend is wrong. Ideally you'd stay in the house with the kids, and he'd help pay the mortgage, but in reality, if he can't afford it, then it could end in disaster with the house being repossessed or something!

    Go to that "entitled to" web page and work out what benefits you'd be able to get as a single parent. Moving in with your parents would be a pain (arrrgghhh indeed!!), but would perhaps give you chance to save some money, get into a routine and hunt for the perfect rental property!

    Keep talking/communicating with your husband too, as that's important. Perhaps sit down and work out the finances together to work out what you can do.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Becles
    Becles Posts: 13,184 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Moving back with parents would be hard, especially when you're now a mother yourself. I have issues with my own mother interferring in my parenting and they live 6 miles away. There's no way I could live in the same house as them!

    I think looking for a job and having more money coming in is your best bet, and then seeing what you can afford from there. I did that when my ex left me, although I managed to take over the maritial home mortgage in my name as it wasn't as big as yours!

    If you can keep maintenance amicable with your husband, it's better for both of you compared to getting the CSA involved. My ex pays an agreed sum of money by standing order on the 1st of the month and it arrives in my bank account around the 5th or so. It's worked well for us and we haven't needed the CSA.

    Best of luck with everything xx
    Here I go again on my own....
  • moike
    moike Posts: 104 Forumite
    Just been thru the divorce route here myself, as soon as we declared ourselves seperate (despite liing in the same house at that point) her family/childrens tax credit allowance shot up, she gets around 9.5K salary, 6.5K maintenance from me & another 9.5K from tax credits, you may be surprised how much you are now entitled to claim.
    It left enough for me to move on and take another mortgage as well.
    Regards
  • Fruity1
    Fruity1 Posts: 926 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I left my hubby in April. My solicitor advised me that depending upon the age of my DDs I was entitled to up to 70% of the capital from the house.

    We agreed maintenance based on the CSA guidelines and those of my solicitor. My tax credits are based purely on what I earn, as said before they do not include my maintenance payment. If you can avoid the CSA do, I believe they take a huge chunk.
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