Child Maintenance (CSA) questions (merged)

salamjanab

CSA provides variation form to vary child maintenance amount. It allows to deduct debts from former relationship, mortgage, loan, insurance policies etc.
Re debts & loan: I borrowed from my friend rather any bank. Later borrowed from bank to repay part of this loan to my friend and still owe him the rest, which i will be repaying in instalments. I and my friend signed a contract with 2 evidences.
I called CSA and they refused to take this into consideration as this is not from recognised lender but a personal loan. they even rejected the bank loan saying this was also taken to repay personal loan. I cant believe they are making any sense as certainly I am obliged to pay him back. He threatened to take legal action against me hence i borrowed money from bank to pay part. The idea was to sell the house and use surplus to pay his money but now my wife who is living in my house has changed the locks to block my access and also stopped estate agents viewing. I cant sell the house anymore. I solely own the house, still paying for mortgage, council tax, ground rent - but cant live there and paying additional rent for my separate accommodation.
Could anyone please advise what to do in this case. Thanks

kelloggs36

The CSA are correct that they cannot take account of the loan to your friend because it has to be a formal loan with a bank or professional body.

You have a choice - if the house is yours, then you can apply to the courts for an eviction notice to your ex and she will have to either rent privately or get social housing. If the house is jointly owned you need to seek advice as to the best way to proceed - clearly you can't afford to pay for both lots of housing costs and you need to get out of your obligation to pay her housing costs - again you need to seek advice. I would go to a different solicitor!!

salamjanab

Thank you very much for the reply
I solely own the house and neither she owns or ever contributed towards the property. She doesn’t work.
My solicitor has already applied for Non molestation and Occupation Order BUT I am finding impossible to get hold of my solicitor to have any updates. Is ‘Eviction notice’ different to ‘Occupation order’? and is it too complicated to deal with, otherwise I may directly apply myself to the court.
I asked my ex if she gets the council house and I move back into my house. She refused to accept this staying in my house (for free) and have also asked for the child maintenance. She told me that she is not getting income support because otherwise she wont be able to claim any child maintenance from me. She says to me that I shouldn’t advise her for council house as she is not asking money for herself but for the children and they shouldn’t live in council house.
I contacted other solicitors but realised this would cost me alot as I will end up paying them again for their time to get to know my case etc. I am already struggling financially.
I can afford child maintenance only if I get back into my house, sublet the property and then it will be all easy and fair on me. At present its just impossible because of mortgage, council tax etc for the house I cant get in + rent + loan repayment + food etc.
CSA cant seem to realise and wont deduct mortgage as its my house and I have got interest in this, they wont consider the loan which although I am liable to pay but it was a personal loan. I am stuck badly.

kelloggs36

You need help and fast - don't let her blackmail you. She is using the children to make you feel bad - whilst you have a responsibility towards them, you also have to be able to maintain a life for yourself. She could get a social house, and there is nothing wrong with this. I strongly urge you to get this sorted ASAP. I am not a lawyer, so I don't know if there is a difference between an occupation order and an eviction notice - eviction is to get her out. If she does not work, then she cannot expect to live free of charge anywhere - you are NOT her meal ticket for life. You only have to pay her the relevant % of your net income for your children unless a court rules that you have to pay her any spousal maintenance. The other option (not a good one, but worth considering if you are totally desperate) is to stop paying the mortgage and get it repossessed. This is not something that I would consider lightly, but it would not be the end of the world. You could put the money aside so that you can pay off the debt in the long run, but she would be forced out in this situation as she would not be able to pay. Otherwise, you could draw up a rental agreement so that she pays you proper rent, at the market rate - but again, I don't know the legal implications of all this.

Make another appointment to see your solicitor and ask for advice as to how to get your house back.

CMAC_2

kelloggs36 wrote: »

You need help and fast - don't let her blackmail you. She is using the children to make you feel bad - whilst you have a responsibility towards them, you also have to be able to maintain a life for yourself. She could get a social house, and there is nothing wrong with this. I strongly urge you to get this sorted ASAP. I am not a lawyer, so I don't know if there is a difference between an occupation order and an eviction notice - eviction is to get her out. If she does not work, then she cannot expect to live free of charge anywhere - you are NOT her meal ticket for life. You only have to pay her the relevant % of your net income for your children unless a court rules that you have to pay her any spousal maintenance. The other option (not a good one, but worth considering if you are totally desperate) is to stop paying the mortgage and get it repossessed. This is not something that I would consider lightly, but it would not be the end of the world. You could put the money aside so that you can pay off the debt in the long run, but she would be forced out in this situation as she would not be able to pay. Otherwise, you could draw up a rental agreement so that she pays you proper rent, at the market rate - but again, I don't know the legal implications of all this.

Make another appointment to see your solicitor and ask for advice as to how to get your house back.

She wont get social housing if she just moves out as she will have made herself intentonaly homeless so an eviction order is needed if you want her out. However I think you will have a real problem here because the judge would be minded to let her live there if she states a case that she has now where else to go. (it might seem unfair but the reality of the situation is your children need a home) so I suspect thats why your Sol going for a occupation order this allows her to stay there but stipulates certain conditions like rent in lue of child support

salamjanab

Thanks alot for useful advise. I am out of money as it is but will see what my solicitor demands extra for ‘eviction order’. I thought about stopping mortgage but the problem is then my kids will become shelter less; not something I want at all to happen - best would be for her to move out to council house first!!! She knows all about my loans and other commitments but hasn’t been fair and trying to be very difficult....
She can move to her family too because her parents and sister are just 5 miles away where she spends most of her day and one of my daughter is permanently (but not officially) living with her parents anyways.
I am also paying for council tax – spoke to the council and mentioned that I would like to stop paying council tax as I am not living there anymore. They said that I shouldn’t stop the payment until I provide them with a different address. I actually don't have any specific place to stay and even ended up spending few nights in my car. I have found a place for the time being but thats temp and the landlord doesnt allow me to add my name on the council tax on his property.
If I stop paying mortgage, council tax & service charges – what would be the legal and other implications?
With all the loans, mortgage, rent & other living costs – I am severely under pressure and getting regular headaches which are getting worst day by day – consulted the doctor and he has prescribed some medicines!! Now the CSA will be deducting 20% of my salary through my employer ie I will now get 20% less salary to bear all above expenses. I thought CSA will consider mortgage & loans – but just realised it wont happen either.
What do I need to do to ask for rent from her?
Thanks in advance.

mommarat

salamjanab wrote: »

Hi, I sent a letter to CSA explaining that I am paying for mortgage for the house where my children and wife are residing; I am also paying for the rent for my personal accommodation and loans which I borrowed for the house and for family’s living. I also mentioned that my salary has now reduced.
In my letter, I stated that its not possible for me to talk over the phone as I work 5 days and 2 days at college. Its honestly not possible to talk over the phone but I provided them with my email address and postal address for any correspondence.
Now I am getting voicemails from them saying that I should call them back!!.
Could anyone please advise what should I do in this case. I cant afford 0845 number to call from mobile and its not possible to use office phone.
Is it not possible to stick to letters and emails as opposed to telephones?
Thanks

0845 is a local rate call

mommarat

kelloggs36 wrote: »

The CSA are correct that they cannot take account of the loan to your friend because it has to be a formal loan with a bank or professional body.

You have a choice - if the house is yours, then you can apply to the courts for an eviction notice to your ex and she will have to either rent privately or get social housing. If the house is jointly owned you need to seek advice as to the best way to proceed - clearly you can't afford to pay for both lots of housing costs and you need to get out of your obligation to pay her housing costs - again you need to seek advice. I would go to a different solicitor!!

Or he could try his local CAB - it's FREE

mommarat

salamjanab wrote: »

Thanks alot for useful advise. I am out of money as it is but will see what my solicitor demands extra for ‘eviction order’. I thought about stopping mortgage but the problem is then my kids will become shelter less; not something I want at all to happen - best would be for her to move out to council house first!!! She knows all about my loans and other commitments but hasn’t been fair and trying to be very difficult....
She can move to her family too because her parents and sister are just 5 miles away where she spends most of her day and one of my daughter is permanently (but not officially) living with her parents anyways.
I am also paying for council tax – spoke to the council and mentioned that I would like to stop paying council tax as I am not living there anymore. They said that I shouldn’t stop the payment until I provide them with a different address. I actually don't have any specific place to stay and even ended up spending few nights in my car. I have found a place for the time being but thats temp and the landlord doesnt allow me to add my name on the council tax on his property.
If I stop paying mortgage, council tax & service charges – what would be the legal and other implications?
With all the loans, mortgage, rent & other living costs – I am severely under pressure and getting regular headaches which are getting worst day by day – consulted the doctor and he has prescribed some medicines!! Now the CSA will be deducting 20% of my salary through my employer ie I will now get 20% less salary to bear all above expenses. I thought CSA will consider mortgage & loans – but just realised it wont happen either.
What do I need to do to ask for rent from her?
Thanks in advance.

Have you tried asking for a variation from the CSA this looks deeper into your circumstances

kelloggs36

The CSA won't consider these circumstances - he has already tried. CAB would not be able to give OP what he needs - proper legal advice and representation in court.