Paying Mortgage through CM

Cornflakegirl_2

I wonder if anyone can help me. My husband left me and our 3 children a year ago today, up until now he has paid the mortgage as he is a high earner and I am only able to do a few hours work a week, so I have no way of paying the mortgage as it is £1200.

He's now agreeing to pay CM of £1500 a month, but out of that he is first paying the mortgage and paying £300 into my account for maintanance.

So I'm paying all the mortage payments, and he also wants a 30% share in the equity in the house.

Some people have told me he can't do that .. and some people have said that that's acceptable ... I'm just confused !!!!

Can anyone help ??? Thank you

karenx

Would you rather he wanted nothing and left you to pay the mortgage?

Cornflakegirl_2

I just want to know where I stand, nothing more ... I have no desire to take him to the cleaners.

moneysavermum_2

I got divorced we had our own house and 3 children. I got 65% equity and the home and furniture, he got the car and 35% of equity when youngest child is 18. He now pays £120 a week csa.

What Im trying to say is he could be onto a good thing if his wages are high as he is saving on csa. Also this needs to be made legal as what happens when his circumstances change ....and they will.

Do not settle on anything until you see a solicitor. He will be ordered to pay the mortgage until its sorted anyway. However one point to bear in mind is I now pay the mortgage and i guess you will be expected to at some stage in the future stand on your own.

moneysavermum_2

However my guess is that this agreement is not set in stone and if his circumstances change he could just drop it and then where will you be.

Cornflakegirl_2

Thank you for taking the time to reply nje24

shell_542

The only problem is, if you push for the total child maintenance amount being paid directly to you, he has no obligation to pay the mortgage and can stop.

Child maintenance through the CSA would be 25% of his NET weekly income to you. Do you have an idea of how much he earns approx? Is the £1500 a month more than 25% of his net income? If it is, then he can stop paying the mortgage and pay the maintenance amount ... leaving you to cover the mortgage yourself.

Are you divorced? Getting divorced? It's a lot more complicated than just simple CM as you've been married. Have you sought legal advice?

Cornflakegirl_2

Yes £1500 is 25% of his net income, but he's self employed so it's a little tricky.

We are getting divorced and I have been to see a solicitor for a free half hour session, but this was before this latest problem, trouble is I won't get legal aid and at the moment I can't afford to go and see the solicitor again to get more advice, although I do know I'm going to have to very soon.

shell_542

If you went to the CSA then, he would pay the £1500 to you, but you would then cover the mortgage yourself, so you'll be no better off.

Obviously with a divorce there might be agreements made regarding paying the mortgage and spousal maintenance as well as child maintenance but I'm not clued up on any of that.

I've found wikidivorce has lots of information that might be of help x

Cornflakegirl_2

Thank you so much shell_542, I'll go and have a look

shell_542

Wikivorce even! lol