CSA vs Mortgage Payments

timetochange1

My ex and i have been separated for nearly two years, We have a joint mortgage and a joint loan secured on the property i am living in, he moved out when we split up and a year later moved into a new rented property with his new girlfriend.
When he moved in with his new girlfriend, he stopped paying the mortgage on his former home and the loan secured on the property.

The mortgage has now fell into serious arrears and the bank are looking to apply to repossess.

We have a 14 year old daughter who CSA has had to chase my ex for payments. As he has a very well paid job, his CSA payments and arrears are together quite substantial.

My ex has given me an ultimatum. Cancel CSA and he will reinstate his share of the mortgage payments and the arrears and the loan secured on the property. He has said that he will pay for any clothes or school uniform or school trips that my daughter requires in the future and he will continue to pay his share of the mortgage until she reaches the age of 18.

What am i best doing? does anyone have any opinions or suggestions. I dont want to loose my house but surely he should be paying for his share of the mortgage/arrears and also supporting his daughter??

Marisco

He should be certainly be paying towards your daughter, but I don't think he should be paying the mortgage. If you cannot afford to live in the house without him paying towards it, then it might be best to sell it and share the equity (if any) and start afresh. As to should you take the "deal", then that is up to you, but there is nothing to stop him stopping payment again, especially if he starts a new family with his gf. CSA will take 15% of his wage, if that is enough on it's own to pay the mortgage, then stay put, otherwise, personally I'd sell and start again, otherwise you will always be at "his mercy".

Also what happens when CSA comes to an end in 5 years time? Will you be able to pay the mortgage on your own then? You cannot really expect him to pay the mortgage for the next 20 odd years (or however long is left on it) Could you come to some sort of agreement, that you pay the mortgage and he pays the loan?

timetochange1

The mortgage is in joint names, it isnt just my debt it is his also and his daughter does still live in the property

Marisco

Yes, but I should imagine it's pretty rare for the NRP to carry on paying the mortgage. What usually happens is that the house is sold and both have a bit of the equity (if any) to start again, or if possible the PWC buys out the NRP and takes on the mortgage. If the NRP is paying CSA, then I don't think anyone can realistically expect the NRP to pay for two residences (yours and his)

My oh was paying the mortgage for the house his ex and kids were in, but when the CSA got involved, he had to stop, as he just couldn't afford to pay rent and mortgage. She had to sell the house and took the equity (wasn't much, just a couple of grand) and moved in with her bf. If your ex has a very good wage, then maybe you could come to some sort of arrangement with him, otherwise it's not really fair to expect him to pay the mortgage and CSA payments.

kelloggs36

why won't he just pay what he owes so that you can pay the arrears off for the mortgage?

Marisco

From what I read of the op, he is already paying CSA and arrears. Surely he shouldn't be expected to pay the mortgage as well??

kelloggs36

timetochange1 wrote: »

My ex and i have been separated for nearly two years, We have a joint mortgage and a joint loan secured on the property i am living in, he moved out when we split up and a year later moved into a new rented property with his new girlfriend.
When he moved in with his new girlfriend, he stopped paying the mortgage on his former home and the loan secured on the property.

The mortgage has now fell into serious arrears and the bank are looking to apply to repossess.

We have a 14 year old daughter who CSA has had to chase my ex for payments. As he has a very well paid job, his CSA payments and arrears are together quite substantial. this suggests he hasn't been paying to me

My ex has given me an ultimatum. Cancel CSA and he will reinstate his share of the mortgage payments and the arrears and the loan secured on the property. He has said that he will pay for any clothes or school uniform or school trips that my daughter requires in the future and he will continue to pay his share of the mortgage until she reaches the age of 18.

What am i best doing? does anyone have any opinions or suggestions. I dont want to loose my house but surely he should be paying for his share of the mortgage/arrears and also supporting his daughter??

.......................................................................................

Marisco

timetochange1 wrote: »

his CSA payments and arrears are together quite substantial.

This suggests that he is paying CSA and arrears, as this can add up to 40%, that will be quite a bit. So how is he expected to pay the mortgage as well as his own living expenses? It's all well and good paying the mortgage arrears, but if the op cannot afford the mortgage without her ex's input, then it won't be long before there are arrears again.

Sensemaya

timetochange1 wrote: »

When he moved in with his new girlfriend, he stopped paying the mortgage on his former home and the loan secured on the property.

The mortgage has now fell into serious arrears and the bank are looking to apply to repossess.

We have a 14 year old daughter who CSA has had to chase my ex for payments. As he has a very well paid job, his CSA payments and arrears are together quite substantial.

Marisco.

It sounds to me he isn't paying anything and both the CSA and mortgage payments are seriously in arrears.

Both OP and her ex are equally liable for the mortgage.

TimetoChange - Were you married and what exactly are the CSA doing?

Marisco

If he's not paying anything then it's disgraceful, he should be paying maintenance. However, if he is, then he cannot be expected to pay the mortgage as well. If the op cannot afford the mortgage on her own, then she needs to sell and get something she can afford on her own. It's unrealistic to expect NRP's to carry on paying for houses they don't live in, especially when they have their own housing problems to sort out. Fine if they can afford it, but most cannot, op has said her housing is £700 pm, assuming the NRP's rent comes to £600 (depending on where they live, and without CT) that is £1300pm just for housing!! Then add CSA on top of that, how on earth (unless they are on about £3/4000 pm!!!) will they be able to afford it?

missbunbury

OP - are you paying your half of the mortgage? If so, tell your ex that if he starts paying his half again, he can get the CSA to take this into consideration when working out maintenance by applying for a variation on the grounds of prior debts. They will then take what he pays for the mortgage off his assessable income and do a maintenance calculation just on what's left.