Child maintenance - help!

kingfisherblue

When you divorced, there should have been a financial settlement or agreement. Was this carried out?

If not, you need to see a solicitor about this. You need to know when the house is likely to be sold, what percentage of the property you can expect to receive, what happens if he sells it (or even if he is allowed to sell without your consent), etc.

My circumstances are very different, but before I divorced my ex, my solicitor (and later my barrister - mine was a difficult case) made sure that everything regarding finances and the jointly owned house had been sorted. My ex knows that he will receive 50% of the amount received from selling the property, after any remaining mortgage has been paid off and after estate agent fees and other associated costs have been taken off. He also knows that the house will only be sold when either our son no longer needs it as a permanant home, if I die, or if our son dies (our son is disabled and the house has been adapted for his needs. He will also need lifelong care).

You need to have everything as clear as this. Don't forget, you have contributed to the household when you lived there, either financially or as primary carer for your children. This is taken into account by the courts. You also need to know what will happen with the new partner paying part of the mortgage - will this affect ownership? Has she been added to the deeds?

Your ex should be paying 20% of his net wages (assuming no other children in his current household and him having them less than 52 nights a year). The CSA do not take living costs, mortgage payments, etc into account for cases opened since March 2003. The courts will not be impressed if he uses the mortgage as an excuse not to pay his contribution for his own children. I know the judge in my case was less than impresseed with my ex (whao also was not paying child support at the time).

I know that seeing a solicitor will cost, but it does sound as though you need specialist advice. A few hundred pounds now might save you several thousand pounds later.

Good luck x

Katherineanton

It's very frustrating as I would love to get back onto the housing market again with my current partner but can't. The only thing that I do find slightly annoying is that the ex's girlfriend has a house she could sell and put the equity towards his house. A solicitor did say to me that if I wanted to be unreasonable ( which I don't) then I could ask her to leave the property.

If he does go into arrears, could Santander take any outstanding monies out at source from my salary?

Katherineanton

Thanks Kingfisher! x

Basically, my ex does not have any money spare as far as I am aware.

He tells me that since we split, he has racked up a £10k credit card bill and a huge overdraft. I informed him that when I moved out of the property (with nothing) that I had to take out a credit card to buy furniture etc and that I only finished paying this off in March this year, so I had a debt too. I know he has borrowed from his parents too and that his girlfriend has already put about £8k into his/my house in decorating, new boiler etc.

He earns about £35k, so I'm not sure where it all goes?? I just hope it can get sorted amicably.

fannyanna

Katherineanton wrote: »

If he does go into arrears, could Santander take any outstanding monies out at source from my salary?

I don't think so although if I'm wrong I'm sure someone will correct me.

Do be aware though that they can access any funds that you have in accounts with them.

nannytone_2

why should his girlfriend help you and your ex out of a difficult situation?

if they were to split, then she would be in the same position that you are in!

would you expect your partner to help sort the negative equity situation out?
of course you wouldnt, so why presume that his nre parter should?

she may be living in the property, but has no rights over it. she would be mad to make any financial contribution.

Katherineanton

fannyanna wrote: »

I don't think so although if I'm wrong I'm sure someone will correct me.

Do be aware though that they can access any funds that you have in accounts with them.

Thanks Fannyanna.

I have no money whatsoever, in any account anywhere! I have a small savings pot at home. I know I don't have much, but I don't have any debt either (no credit card or overdraft) and live within my means. My girls have gone without in the past - but I do save for things like Christmas so I don't get hit at once with large bills.

I was wondering that if my partner and I decide to marry, could the courts take his house if things did go wrong??

Katherineanton

nannytone wrote: »

why should his girlfriend help you and your ex out of a difficult situation?

if they were to split, then she would be in the same position that you are in!

would you expect your partner to help sort the negative equity situation out?
of course you wouldnt, so why presume that his nre parter should?

she may be living in the property, but has no rights over it. she would be mad to make any financial contribution.

Maybe we are all different. I would help my partner out if it meant a secure future for him. I am not presuming his partner should help out, just seems strange that she is willing to put money into a house that his ex wife co-owns.

fannyanna

Katherineanton wrote: »

I was wondering that if my partner and I decide to marry, could the courts take his house if things did go wrong??

On this I have no idea.

You need to remember though that there are other consequences to being in arreas. Your credit rating will be shot to pieces for a start and of course they can take you to court.

Also if the property was repossed and sold by the mortgage company you and your ex would still be liable for any shortfall.

I don't mean to sound all doom and gloom but I know I would want to know all the potential outcomes to ensure I made an informed decision.

Katherineanton

Thanks - no, I appreciate your advice, doom and gloom too!!

My credit rating has always been excellent and I have never paid anything late or gotten into arrears, so it would be a shame if things did go pear shaped.

I wonder how Santander were to persue if it had to be sold? Do they make you commit to a monthly payment, taking into account my earnings and two children?? This opens up a very interesting thought.

fannyanna

Having thankfully never found myself in that situation I'm not 100% sure. I know my sister was in a lot of debt at one point and used to not answer the door because of bailiffs but I was young at the time so didn't really know the ins and outs of it all.

I know ultimately they can't take money if people physically don't have it but they can add a hell of a lot of stress and worry on someone and their family.

It might be worth posting on somewhere like the debt free board to try and get a general understanding of how companies normally persue arrears.