CSA and Mortgage Payments

pitbulluk

If I am paying the mortgage my ex wife and kids are in am I liable for CSA payments as well?

I would rather it not go this way, but knowing my wife, she may want to take me to the cleaners.

Its a joint mortgage, she gets INCAP benefit, Disability, Tax Credits and Child Benefit for 3 children.

karenx

She can still go to the CSA and say you are not giving her anything I would imagine? But as she is on benefits she would only be able to keep £20 per week of any maintenence

Donedoingdebt

Housing costs do not come into the assessment equation under current CSA rules. Therefore, any payments you make towards any mortgage will be disregarded & your assessment should be based solely on your net pay (currently) soon to be changed to gross pay under new CMEC legislation.

You will pay 15% of your net pay for 1 child, 20% for 2 & 25% for 3 or more.

You will receive an allowance for the same percentages as above for however many children you have currently living with with you before an assessable figure is reached.

You should receive a further allowance of one seventh off your assessment figure for each night per week that your children stay overnight with you up to a maximum of 3 sevenths.

DUTR

pitbulluk wrote: »

If I am paying the mortgage my ex wife and kids are in am I liable for CSA payments as well?

I would rather it not go this way, but knowing my wife, she may want to take me to the cleaners.

Its a joint mortgage, she gets INCAP benefit, Disability, Tax Credits and Child Benefit for 3 children.

It's not as bad as the other 2 posters are indicating, the ex can't take you to the cleaners, you pay the mortgage or you pay CS, you don't have to pay both , probably the mortgage payments are about or slightly more than CS liability, although CS maybe calculated on gross pay, the % is less eg 15% net or 12% of the gross, having spoken to some nice lady at cmec, they already exist and are for enforcment of payment, new cases based on the new calculation won't start before 2011 (if you call that soon) and if migration of csa1 to csa 2 is anything to go by, there won't be a rush to get people moved over.

kelloggs36

Before the CSA make any formal notification of your calculation, you can have your mortgage payments offset against arrears for the period they work it out - so get EVIDENCE that you have been making the payments. Once you have had the notification of the amount however, you would have to pay CS only - but if your name is on the mortgage, you still remain legally liable for payments and risk the house being repossessed if the payments aren't kept up. Obviously your ex has a choice - use your CS to pay the mortgage or risk losing the house.

Blonde_Bint

After all the horror stories i've read on here DUTR i wouldnt be too keen to pay the mortgage, i'd rather pay the csa at least then theres real proof that you've paid.

You know what I'm getting at it's always coming up someone paying maintenance and then not being able to prove it was for maintaince re the child. could you not come un stuck the same way DUTR, I wouldnt put it past csa to say paying the mortgage is not child maintenance???

for me pay child maintenance dont pay the mortgage let her do that with the maintenance if she wants to, with the maximum proof possible.

DUTR

Blonde_Bint wrote: »

After all the horror stories i've read on here DUTR i wouldnt be too keen to pay the mortgage, i'd rather pay the csa at least then theres real proof that you've paid.

You know what I'm getting at it's always coming up someone paying maintenance and then not being able to prove it was for maintaince re the child. could you not come un stuck the same way DUTR, I wouldnt put it past csa to say paying the mortgage is not child maintenance???

for me pay child maintenance dont pay the mortgage let her do that with the maintenance if she wants to, with the maximum proof possible.

I agree, I wouldn't pay a mortgage for a roof I was not living under (unless I was renting it out) neither would I pay a PWC direct, there are no brownie points to be collected hence just deal via the csa and let the PWC worry about their own side of affairs :beer:

pitbulluk

Many thanks for all your replies.

My wife is a joint name on the mortgage. I don't really want to go down the CSA route and would like to sort it out between ourselves but I need to know where I stand legally.

I mentioned to her that she is now liable for the household bills and half the mortgage and I would then pay her child maintenance.

Either way it works our roughly the same, if I pay the whole mortgage and no maintenance or pay half mortgage and maintenance.

She is seeing a solicitor on Friday as when I mentioned this she went ballistic!.

So your legal knowledge would be most helpful.

DUTR

pitbulluk wrote: »

Many thanks for all your replies.

My wife is a joint name on the mortgage. I don't really want to go down the CSA route and would like to sort it out between ourselves but I need to know where I stand legally.

I mentioned to her that she is now liable for the household bills and half the mortgage and I would then pay her child maintenance.

Either way it works our roughly the same, if I pay the whole mortgage and no maintenance or pay half mortgage and maintenance.

She is seeing a solicitor on Friday as when I mentioned this she went ballistic!.

So your legal knowledge would be most helpful.

Similar happened with a mate of mine, he was giving her good mainatainance and paying her half of the mortgage, then after a time she went to the csa, so he stopped paying her half of the mortgage and paid the csa instead, they were in the process of selling the house and he informed the lenders , so then they started to write to the PWC with their demands until the house was sold, now I assume she thinks twice before being greedy

13Kent

Whatever you do DO NOT GIVE HER CASH EVER! also ALWAYS ALWAYS make sure you have a record of everything you have paid her recorded as child maintenance.

If she decides to go to the CSA and denies you paid her anything it will be your word against hers and in our experience they believe the PWC unless you have absolute proof that you have paid child maintenance to her. You would then end up with an arrears bill for money you had already paid.

Donedoingdebt

pitbulluk wrote: »

So your legal knowledge would be most helpful.

Be careful, most opinions offered on this forum are well intended advice, but they are just that; opinions & advice. However, not all the advice is legally correct.

For factually correct advice, it may be better to contact specialist services such as NACSA etc or speak to your own personal legal advisor.