separation advice needed

crooky

Hi

I have a friend who has separated from his wife a few months ago and is now living in rented property whilst his wife remains in the marital home with the children all aged under 18yrs. He has the kids from Friday after school through to Sunday evening so they sleep over 2 nights per week. He give his ex £400 per month. He is still on the mortgage as it is a joint mortgate and he would like his name removed from it. His ex is self employed so not sure how or if this would be possible as im thinking she would need to obtain another mortgate herself. He would like to purchase a house for himself this year but cant do this whilst he still has a mortgate on the marital home. His ex is trying harder and harder to cause problems and is using the kids to get at him and also telling the kids lies.

Can anyone advice on where he stands with regards to removing his name from the mortgate and what she is entitled to from him. He is more than happy to pay for his kids. He works and gives her £400 per month and he has the kids every weekend like ive said but she is now saying she will see a solicitor and get more from him. Is he paying enough?

Thank you for any help you can give.

loftus

With regards to what he is paying, without knowing what he earns it's impossible to say.

crooky

He gets £340 net pay inc overtime per week.

loftus

I should have asked how many kids as well. As you say kids I'm assuming more than one. If you go by the CSA figures then £340 net a week is £17680 a year. If its 2 kids 20% of that is £295 a month, if it is 3 kids then its 25% which is £369. However saying that this is what the CSA would do does not mean that if he can pay the £400 he shouldn't keep doing it.
However his wife is unlikely to get more out of him if he can't afford it.

Caz3121

loftus wrote: »

I should have asked how many kids as well. As you say kids I'm assuming more than one. If you go by the CSA figures then £340 net a week is £17680 a year. If its 2 kids 20% of that is £295 a month, if it is 3 kids then its 25% which is £369. However saying that this is what the CSA would do does not mean that if he can pay the £400 he shouldn't keep doing it.
However his wife is unlikely to get more out of him if he can't afford it.

just to add - as he has the children 2 nights per week the CSA calculation would be reduced to 5/7ths so
if 2 children £210, 3 children £264

loftus

Caz3121 wrote: »

just to add - as he has the children 2 nights per week the CSA calculation would be reduced to 5/7ths so
if 2 children £210, 3 children £264

Good point, forgot that!

crooky

Thanks for that. He is quite happy to continue paying the £400 per month as he wants to support his kids. I would rather he actually bought them what they needed and didnt give his ex any money as she has debts left right and centre and the money wont be spent on the kids anyway but he doesnt want to leave the kids high and dry. He has 3 kids so the higher amount would be right but we didnt realise that this would be reduced because he has them 2 nights per week. Again this wont stop him paying the £400 but he is happy knowing he is doing right by his kids and the ex cant demand more and more. She is being really awful at the moment.

Does anyone have any advice with regards to the mortgage which is the real issue here.

Thanks again