Husbands ExPartner and mother of his kids

Pee

Cazziebo, morally you may be right, legally marriage makes a big difference, particularly on the ownership of a property.

Yes, he will have to pay CSA and yes, that might be more then £250 but he will be entitled to his share of the house, at least, and she will have to make arrangements to buy him out wheras if they were married the court could have given her a larger share than 50%.

newcook

cazziebo wrote: »

£250 per month for two children is not a lot.

he is also paying 100% of the morgage payments though!

his ex must be happy as larry with this set up - she has the house paid for, £250 per month, works a couple of hours each week plus probably gets loads of other benefits due to her being a single parent (though a lot of these should stop or be reduced now as there is an adult living in the house working full-time)

tell her to go to the CSA and also tell her that he will only be paying a share of the mortgage from now on!!

mishkanorman

how long have they been separated ? you say they were together for 20 years but not how long apart,

mishka

MrsGibson

cazziebo wrote: »

Does spousal maintenance come into it?

Depending on income and mortgage, they would be well advised to look at what he would be paying in child support. £250 per month for two children is not a lot.

Stand by what I said, this is a 20 year relationship which produced three children. He can't walk away from the responsibility because he's met someone else.

I'm sorry but I find that a bit insensitive! I didn't imply that he wants to walk away coz hes met someone else....we just legally want to know wot he has to pay as we feel he gets the raw end of the deal and pays a hell of a lot more than he should when she is perfectly healthy and no reason why she should not work full time now his kids are old enough to look after themselves so she can help towards mortgage costs!

MrsGibson

mishkanorman wrote: »

how long have they been separated ? you say they were together for 20 years but not how long apart,

mishka

They have been seperated for about 2 years and we have been married for 6 months!

MrsGibson

newcook wrote: »

his ex must be happy as larry with this set up - she has the house paid for, £250 per month, works a couple of hours each week plus probably gets loads of other benefits due to her being a single parent (though a lot of these should stop or be reduced now as there is an adult living in the house working full-time)

trust me whilst he keeps paying she has no intention of working full time! :mad:

3_cheeky_princesses

Hello

nothing to do with your question but i thought i read that once children reach 8 yrs or something if the parent is on income support they have to then swap over to jobseekers and start looking fors jobs?

newcook

MrsGibson wrote: »

trust me whilst he keeps paying she has no intention of working full time! :mad:

I meant the 18 year old - now she is an adult working full time it will affect the benefits received as 18 year old will be classed as 'bread-winner' of household (unless they have changed this!!)

MrsGibson

Just a quick update for anyone interested!

We went to see the solicitor, as they were never married or even engaged my Husband does not need to pay any kind of maintenance to her, only the children. My income does not come into account when sorting how much maintenance should be paid.

As they both jointly own the property and she is refusing access she is therefore occupying his half of the house and in the eyes of the court is liable for all the mortgage payments! Thru the CSA my husband should be paying her £602 per month for the 2 children. At the minute he pays all the mortgage and gives his ex £250 a month which adds upto just over the £600 mark. The mortgage is not classed as child maintenance so if she were to go to the CSA only the £250 he is paying would be classed as maintenance so the solicitor had advised that he pay the £600 direct to her and state its maintenance but suggests she pay the mortgage with it.

With regards to selling the house my Husband get get a court order to demand a sale but there is a possibility that they refuse and say that it cannot be sold until the youngest is 17 and no longer is full time education.

So basically hes goin to continue paying her £640 a month, she pays the mortgage out of that, and then when the nearly 15 year old turns 17 they will sell the house as the 15 year old has no intention of staying in full time education!!! Oh and she is not allowed to change the mortgage to interest only from repayment!

There, think that covers everything !

yoni_one

Wow, unmarried SAHP's beware!!

It sounds like a SAHP's choice is to either stay with their partner regardless or find themselves out on their ear once their job is complete, without having gained employment skills adequate to buy their partner out of the home they jointly occupied.

Being a SAHP may suit both partner's while they are still together, one gets 24 / 7 childminder for the price of expenses only and the other gets to spend their time raising their children full time supported by the other, but should they split up then the future looks more bleak for the one who chose to give up financial independence.