Advice on paying mortgage for resident parent

matbur

Myself and my wife separated and I am currently paying her a privately agreed maintenance figure as well as the mortgage for our house, which she and chikdren live in and is in my name.

I am struggling to get by as things stand and the child maintenance service onine calculator suggests I should be paying a lot less than I am, but would they consider fact I'm paying for the house as well and deduct that?

I'm really struggling at moment so any advice would be most welcome.

Thanks

Marisco

Would she consider you just paying the mortgage in lieu of maintenance? If not, then unless you are earning mega bucks and can comfortably afford it, you shouldn't really be paying the mortgage as well as CM, you have to live as well. If you are really struggling, then sell the house and your ex will have to rent, you could give her a lump sum (I'm assuming there is equity in the house) should you choose to, to get her started, and then just pay the CSA at the "going rate". I'm not sure if the CSA take mortgage payments into account when assessing CM, but someone will be along who can tell you.

RAS

Hi

You need to look at www.turn2us.org.uk and work out what help your wife can get.

She will probably be able to get the mortgage interest paid at least in the short-term and use the maintenance/CSA you send her to cover the repayment element.

They problem would be if she does not pay the mortgage from the money she is given and your credit rating is wrecked for years.

I presume she is claiming WTC/CTC already?

You may find wikidivorce helpful.

HoneyNutLoop

You are in a very vulnerable position. As RAS says, if you stop paying the mortgage and your ex doesn't start, your credit would tank and your ex and children would face eviction due to repossession. The CMS do take account of mortgages in the circumstances you describe but it doesn't impact as much as you might think. In an example with two children:
If your gross income was £700 a week and you were paying £800 a month for the mortgage, instead of paying £112 a week for maintenance (the rate without taking any mortgage payment into account) you would pay £82.46 a week maintenance plus the mortgage.

If you cannot afford both, even taking into account the slightly reduced maintenance, and you can't afford for your credit to tank, you have limited options. Depending on her circumstances, your ex could buy you out of the home so she could stay there, you could buy her out and move in, or you could sell. If you can't decide what to do amicably, you'll have to ask the courts to decide for you.

Cally_Smart

The CSA probably wouldn't allow for the mortgage as the nrp in this case has his name on the deeds in fact I think he actually owns the house.It didn't count for us (I'm a nrpp as the house was co-owned by the pwc & nrp and they said technically my husband had an 'interest' in it (despite the fact that he had no 'use' of the house & our rent was double and couldn't get another mortgage whilst still in this one!)

HoneyNutLoop

They can under the prior debts ground rather than mortgage ground, so long as the other relevant criteria are met.

Cally_Smart

HoneyNutLoop wrote: »

They can under the prior debts ground rather than mortgage ground, so long as the other relevant criteria are met.

They didn't for my husband & the pwc actually told the CSA she had taken the direct payment made by dd every month to her bank as mortgage !

HoneyNutLoop

So your husband was paying the PWC not the mortgage company directly? That would be why it wasn't taken into account under the variation scheme.

Cally_Smart

Oh right! But you would have thought as PWC told this to CSA herself that is what it was, they would have allowed it wouldn't you ?