CSA and Mortgage Payments

xmaslolly76

She would be daft to rock the boat if your willing to continue to pay the mortgage as another poster has said if she is on benefits she will only get £20 extra a week and if you are forced to pay CSA i doubt you could afford the mortgage as well so she would be out of pocket or possibly homeless. Fingers crossed her soliciter talks sense and doesnt fill her head with £ signs

pitbulluk

Update.

I need somewhere to stay as parents is just not feasible over the long term. Her solicitor has told her that I am liable for CM, but she is liable for bills. Obviously with both names on mortgage we are both liable. Solicitor suggested putting the mortgage on interest only so that we can both afford to live.

Just spoke to mortgage lender. It's not as easy as just changing over to interest only. You either have to have >£150k equity in the house, which we haven't or show assets at the end of the term of mortgage that will cover the outstanding balance. Balance is £204k. This would mean that I would now have to save money in an investment vehicle to show that at the end of the term that the capital can be repaid.

So it looks like that I would need to save a hefty monthly sum in an ISA etc and pay CM.

Any advice welcome.

mitchaa

pitbulluk wrote: »

Update.

I need somewhere to stay as parents is just not feasible over the long term. Her solicitor has told her that I am liable for CM, but she is liable for bills. Obviously with both names on mortgage we are both liable. Solicitor suggested putting the mortgage on interest only so that we can both afford to live.

Just spoke to mortgage lender. It's not as easy as just changing over to interest only. You either have to have >£150k equity in the house, which we haven't or show assets at the end of the term of mortgage that will cover the outstanding balance. Balance is £204k. This would mean that I would now have to save money in an investment vehicle to show that at the end of the term that the capital can be repaid.

So it looks like that I would need to save a hefty monthly sum in an ISA etc and pay CM.

Any advice welcome.

Yes, put the house up for sale and get rid of the mortgage debt?

Surely the easiest option?

pitbulluk

That would be ideal but her solicitor says that the house can't be sold until last child is 18.

As it stands, it will look like we both cannot afford the mortgage and live separate lives, so selling is really the only option unless we reunite.

shell_542

Have you sought your own legal advice? Of course her solicitor is going to propose everything favouring the PWC. You need someone who is interested in your best interests as well. You can get those one hour free consultations normally can't you? Might give you a few answers and a starting point.

shell_542

Plus if you're looking for more reliable legal advice google wikivorce.

pitbulluk

What happens if wife wants to sort out some sort of payment of the mortgage through the courts even though I will be paying CM? Her solicitor has promised her that I need to contribute to the mortgage and pay full CM. Is this regarded as spousal maintenance, if so what happens?

shell_542

Pitbulluk, I really recommend googling Wikivorce. It is more specifically aimed at the processes involved with divorcing. Lots of info about spousal maintenance as well as child maintenance. They have forums as well where a couple of lawyers post I believe.

missbunbury

If it goes through the CSA, what you can do is discuss with them the possibility of applying for a variation to the maintenance calculation on the grounds that you are paying prior debts incurred during the relationship for the benefit of the parent with care and qualifying children.

dimbo61

You need to explain to your EX that if she goes to the CSA for CM that you will end up paying 25% of your net income to the CSA BUT and this is the big BUT she will only see £20 a week of this money.
As you cant pay CSA X amount each month and the mortgage you will stop paying all the mortgage ( pay half ) and she will be worse off.
The house will be repossessed and she will be homeless ( living in B&B or council accommadation) unless she pays half the mortgage from her £20 a week CSA money.
Her call !!!
You need to look at renting a property with at least 3 bedrooms
Dad cant share with kids ( boys cant share with girls ) for access
As for the " house cant be sold until the youngest is 18 bit " not true.
You need to move on and buy a home for yourself and kids when they stay and she needs to get her own place ( unlikely due to not working !)