What to pay when marriage breaks up

pitbulluk

Hi

My marriage of 3 years has finished as my wife doesn't love me anymore and has booted me out of my home. To complicate matters, we have 3 amazing children.

I am currently paying the mortgage and all other bills and I am left with about £1000 per month to live on.

She receives benefits of £800 per month and will use this to support her and the kids.

Where do I stand financially? Can she come after me for csa payments even though I am paying all the bills?

Do I stop paying the bills and pay csa instead as it may work out cheaper?

Your help appreciated

bestpud

If she is receiving means tested benefits like IS she should be declaring what you pay on the bills as I am sure that would reduce her award. I'm not sure about the mortgage payments though.

Have a look on the CSA website as they have a calculator on there - put in your details and it will tell you what they consider a fair amount of CM for your circumstances.

You do not have to pay the entire mortgage and all the bills as that is what she is given benefits for.

If you can sort something between you, it is much better than going via the CSA.

Have you talked about this with her?

There is a CSA board at the top of this one as well and they may be better able to advise on there.

Hughesy84

Whats the mortgage? Joint? If so until your off the deeds you are legally dueto pay half!

If I was you....inform her your not paying for the house she's in (if rented) & simply pay her cash for the kids.

Maybe get legal advice, and get an agreement signed (to cover your !!!!) and then no need for CSA.

bestpud

Be careful paying cash if you think she may at some point argue you haven't paid anything!

It happens!

Pay it by standing order and make it very clear what the money is for - something like 'Child maintenance for [insert name of each child]'

pitbulluk

Thanks for your advice

The mortgage is in joint names.
She receives Incapacity benefit, Disability Allowance and then obviously we both get Tax Credits and Child Benefit. This all amounts to £800 per month.
The mortgage is £1000.

The CSA calculator says that I have to pay £200 per week, but says nothing about if paying for their home.

SSB

Hello

No, do not need to pay all the bills and bestpud's advice is correct; do not pay anything in cash since you might have to prove at some point that you have paid towards her upkeep and maintenance. I am a CAB advisor and there has been instances were the partner has made claims that s/he has not received any payments at all. If it is all paid in cash, how do you prove that you have paid anything?
Yes, she can report you to the CSA at anytime, voluntary maintenance agreement only work when both of you agree. Furthermore, if the mortgage is in both of your names, then both of you are liable for the payments.

Debt_Free_Chick

Hughesy84 wrote: »

Whats the mortgage? Joint? If so until your off the deeds you are legally dueto pay half!

Sorry to be picky, but this is not correct.

It's true that each party is liable for the full mortgage, but there is nothing that requires each party to pay half the repayments each. One party can pay the whole lot or it can be split however they decide, provided the full repayments are made.

floss2

pitbulluk wrote: »

...we both get Tax Credits.....

Is this a joint claim? In that case you have an obligation to advise them that you are no longer living there & that the claim should stop.....also, don't tax credits affect IS as surely they count as income??

Dave101t

why has she booted you out your home? you should boot her out. there are womens centres, no mens centres.

floss2

pitbulluk wrote: »

...The CSA calculator says that I have to pay £200 per week.

Seems high - if my maths is right, you are on approximately £1000 net per week, £77k p.a. gross?

springclean

hi, from my split some years ago, and subsequent legal advice, i was informed that we were jointly responsible for the mortgage and house insurance etc, but whoever lived in the house was responsible for the day to day bills. you of course would have to pay maintenance for your children. if you go through the CSA, it is a set amount based on their calculation, but the process is slow and a pain in the rear end. if you can work out a figure you are both happy with then that would be easier, but i would suggest keeping a record and/or paper trail in case your relationship becomes hostile as you get on with your lives. you can use the CSA calculator on the web to see what you should be paying, which is a percentage of your income depending on how many qualifying children you have andif you have them overnight at least once a week.

if in doubt with anything, get some advice from your CAB or find a solicitor offering a free 30 minute initial session.