CSA vs Mortgage Payments

Marisco

I don't think (open to correction here) that CSA2 takes housing costs into consideration. AFAIK, it's a straight 15% of earnings (for 1) regardless.

EclipsedMind

Some extra information would be helpful:

1) Were you married?
2) As you said the mortgage is in Joint names I assume that the property is also in joint Names so currently he owns half of any equity. If you were not married did you draw up any contract on purchasing it which governs its allocation?
3) How much is the mortgage per month?
4) What is CSA payment supposed to be each month and how much arrears does he now have?
5) Is he self employed or could he become so easily in his current profession?


If you were married you need to get a divorce and sort out the ancillary relief.

Depending on the size of his arrears I would consider offering to write them off in exchange for his equity in the home and get it changed to just your name and the mortgage also. You could also offer a private agreement on maintenace with the proviso that should he breach it it will back with the CSA.

Personally I would say he only has an obligation to provide maintenace for his children. The house and mortgage are your problem really although as he has a vested interested in the house as an investment and also as a liability due to being on the mortgage. His actions by non contribution would indicate he is prepared to write off that investment but it might be worth reminding him that should it be repossed and a sale leads to a shortfall he is equally liable for it.

It sounds like maintenace has been patchy so you are obviously used to living on your own means but have neglected the mortgage. I have infered you have an income from somewhere such as a job as you implied you could /have covered your half of the mortgage.

If the money he pays to teh CSA would cover the mortgage then I would take over the mortgage and try to buy him out. I would not want my Ex having such a hold over me. Others will say that maintenace is not guaranteed but tbh nor is his continued paying of the mortgage so swapping to something you have a little more control over is the way to go imho. You need to be completely self sufficent in 5 years time when his csa liability ceases.

You can get some advice on sorting out the house ownership and mortgage from the CAB. Also you should talk to the bank and explain (if you havent already) that you are going to resolve this and endeavour to get the payments back on track.

If he has contact with your child then keep it going according to the schedule. Lack of contact / frustrated contact makes it easy for people to objectify things and remove emotional attachement. Its harder for him to cut the funding stream when he sees the child he is denying although I conceed some people manage to do it.


I hope this post makes sense but if not then ask questions.

EM

Marisco

You put it more elequently(sp?) than I do EM, but I totally agree with you