Advice separation from the man that does no wrong

Jesk

Hi
New Here and would appreciate some advice. Separated from husband 1 year, have 3 kids. I live in the family home and pay mortgage and bills. He pays a small amount of child maintenance. He is putting pressure on me to sell the family home. Its in joint names. There is no equity in the home, we also have a secured loan which im also paying. Both have solicitors but he wont actively communicate with my solicitor as I want our joint finances sorted. my problem now being he has finally got a place and wants kids to stay 3 nights a week, which is fine, but he thinks he will not have to pay any maintenance.. Is this correct? he wont be paying for anything other than their dinner at his. he doesnt take part currently in any school meetings, dentist appts etc cause his work comes first....
many thanks

Buttercup2305

I know if you look on the csa they have a calculator, he will pay less the more he has them.

RAS

he needs to pay 25% of his salary as CSA. Have you organised this?

if the children stay overnight with him, they will reduce the CSa due by the relevent amount. Over 52 nights is 1/7 reduction. So he could be aiming for 3/7th reduction.

FBaby

It will reduce what he has to pay, but not make it zero. This should come with an expectation that he will have to provide them with a little more than a meal.

19lottie82

Jesk wrote: »

He pays a small amount of child maintenance.

He should be paying 25% of his income.

Jesk wrote: »

He is putting pressure on me to sell the family home. Its in joint names. There is no equity in the home

I take i this is becasue you don't earn enough to take it on yourself and so he can be "freed" of the mortgage and can buy his own place?

If he wants to "force you to sell", let him take you to court but let him know that a court may well prevent a sale until your children reach 18 years old.

Jesk wrote: »

Hi
he has finally got a place and wants kids to stay 3 nights a week, which is fine, but he thinks he will not have to pay any maintenance.. Is this correct?

No. He will still need to pay 25% of his wages minus 3/7 of this.

I think you should stop !!!!! footing around and just go to the CSA tbh.

pigpen

if the children stay 100 nights a year or more he won't have to pay any maintenance.. you need to consider how will that work with school/work etc.

You don't have to sell up until the youngest child leaves full time education.

When we divorced we agreed he would transfer the house deeds to me and I would keep the house and he would not pay maintenance for 2 years,, that was up 2 years ago, I'm still waiting for maintenance lol.. but he has no legal right of entry to my house... if that is an option?

RAS

pigpen

Can you cite the source of that information?

CSA2 works like this http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198849.pdf

See the examples of overnight stays and shared care at the end.

19lottie82

pigpen wrote: »

if the children stay 100 nights a year or more he won't have to pay any maintenance..

Not true.

As long as the OP is the resident parent, maintenance amounts are reduced by 1/7 for every night per week the kids spend with her ex.

Claire212

My ex partner has our son for more than 100 nights a year and still pays maintenance. Personally I feel it does them good to share the childcare and know the cost.

However, the problem is that only one person can claim the CB and CTC for the child. Usually the resident parent, or one that the child lives with most often. The non resident parent does not get this payment. So private arrangements and the what should people contribute gets complicated. Also, sometimes private arrangements (such as mortgage payments etc) have little standing when arranged privately and on occasion the CSA can come back at the non resident parent for non payment. This can be nasty if you want to get on for the benefit of the child.

I would do as others have suggested and keep the house and outstanding finances seperate. Let your solicitor deal with him. Perhaps he could clear up contact issues too.


Then contact the CSA and get him to pay what he owes.

Jesk

Many Thanks... I was stupid enough to believe he would pay the correct maintenance each month so i didnt think i needed to contact the CSA, since jan he reduced his payments, he lied his salary reduced last year.. unfortunately for him his employer paid his monthly salary incorrectly into our joint a/c this month and I saw exactly what he gets paid....
We have debts in joint names mainly the secured loan which he doesn't pay towards so I cant afford to buy him out..
Its all so frustrating..

19lottie82

Jesk wrote: »

I cant afford to buy him out..

OP you shouldn't have to buy him out, at the moment. As discussed, a judge isn't likely to force a sale until the kids are old enough. this is likely to be when they are over 18. They are the priority here.

Again. Go to the CSA for the correct amount of maintenance and if he moans about the house tell him to take you to court and let a judge decide. It won't go in his favour.