Maintenance Payments

Itsallgonepearshaped

Hi,

My 15 year old son has fallen out with my ex and is going to move in with me. My daughter is 17 but has left full time education and is working full time in McDonalds. She turns 18 at the end of October. I'm currently paying my ex £1500 per month maintenance and I think I can stop this but just wanted to check. If anybody knows that would be great ..

Thanks

Caz3121

Who stipulated the maintenance amount, is it through the CSA, through a court order or private arrangement?

Itsallgonepearshaped

It's a private arrangement. It covers the mortgage, all the bills and probably most food for all 3 of them. I also pay for both the kids mobile phone contracts and if they need clothes, school trips etc I contribute to that on top.
One issue she's just brought up is that although I've been giving her enough to cover all the bills she's now taking legal advice as the house is in both our names but she says I haven't given her anything towards the mortgage since I moved out so I'm not sure where I stand on that one so that's a question over and above the maintenance one (I'd obviously continue giving her cash specifically towards the mortgage going forward as it is still in my name but I maanged to get a great deal so the interest payments are only about £300 per month so it wouldn't be a huge amount) ?

Caz3121

Itsallgonepearshaped wrote: »

It's a private arrangement. It covers the mortgage, all the bills and probably most food for all 3 of them. I also pay for both the kids mobile phone contracts and if they need clothes, school trips etc I contribute to that on top.
One issue she's just brought up is that although I've been giving her enough to cover all the bills she's now taking legal advice as the house is in both our names but she says I haven't given her anything towards the mortgage since I moved out so I'm not sure where I stand on that one so that's a question over and above the maintenance one (I'd obviously continue giving her cash specifically towards the mortgage going forward as it is still in my name but I maanged to get a great deal so the interest payments are only about £300 per month so it wouldn't be a huge amount) ?

I think there are a number of different issues here
As it is a private arrangement there is probably nothing to stop you paying it
Re mortgage payments, it sounds like you are not divorced or if you are you have not sorted the financial settlement. What are the plans for the house? When one party remains in the house whilst the other moves out and resides elsewhere, it is usual for the person remaining in the property to pay 100% mortgage. However if she did not pay the lender could come to you as your name is still on it.
How does the £1,500 compare to 20% of your salary (which would have been the CSA calculation)
If she will not have any qualifying children at home then child maintenance would stop. Maybe her getting legal advice will bring to a head the situation with the house. Is she in a position to take on a mortgage on her own?

mgdavid

...and if neither of the children are with her then she has no recognisable (in court) need for a house, so it can be sold and proceeds split and she can go buy something she can afford.

Bluemeanie_2

Were you married? Makes a huge difference to the advice you get.

TBagpuss

Are/Were you married?

If so, then your ex may have a claim for spousal maintenance.
How was the figure of £1,500 worked out - was it using the CSA formula?

If your son moves to live with you and your daughter is now working then you will no longer be liable for any child maintenace. You would be entitled to seek maintenance from your ex for your son, if you wished.

In terms of the house, it is likely that you will still be entitled to a share of the equity - there may be an argument that even if you were not paying to the mortgage, it was reasonable for your ex to pay this (or at least the interest element) by way of an 'occupation rent' for your share of the house. Is the mortgage a repayment or interest only one?

I would suggest that you go to see a solicitor- look for one who is a member of 'Resolution' - many offer a free initial consultation so you can clarify some basic points, and take things from there.