Ex husband and maintenance payments

pinkshoes

Is there any equity in the house?

If yes, could you afford to take on a mortgage on your own? (E.g get him to sign the house and all equity over to you for a clean break)

HoneyNutLoop

If CMS calculates the maintenance, he will be able to apply for a variation under the prior debts ground for the mortgage payment to be taken into account. The award comes off pound for pound from the income used to work out the maintenance, which in turn reduces the maintenance amount.

If he earns £35,000 and pays for 2 children with less than 52 nights care he would pay £107.40 a week. If he pays £800 a month on the mortgage for the children's home, this would reduce the figure to £77.94 a week, as the £9,600 mortgage payments would be deducted from the £35,000 income.

Of course, there's nothing to stop him deciding he's better off defaulting on the mortgage payment, taking the hit to his credit and allowing the property to be repossessed.

For your own security, you need to be able to work out a settlement where you can afford the roof over your own head without being reliant on him. Otherwise you'll always be worrying if he will keep up the payments, for example, If he lost his job or decided he was going to be a stay at home dad, you'd then have to be able to meet the mortgage payment on your own to keep your home.

TBagpuss

Poppy, the mediator isn't there to advise you, and should not be doing so. You need to get your own solicitor.

It would be unusual for him to continue to pay the mortgage for a property you live in.

It is likely to be make better sense to put the property and mortgage into joint names and for you to pay the mortgage. It would then be reasonable to build in to the order provision for you to get him released from the mortgage within a reasonable time. This would not necessarily be when the youngest child turns 18. It might well be reasonable to expect you to do it sooner, on the basis that as the children get older you should be able to increase your income, and of course as the older ones leave home, it would also be possible for you to move to a smaller and more affordable property.

Are there any other assets, such as pensions or savings, as well as the house?
What equity is there, and what would your mortgage capacity be in your own right? It may be worth looking at whether re-housing now (possibly to a shared ownership property, if available, would be an option)

From his perspective, there are potential advantaged to having the property put into joint names and your respective interests defined now, rather than leaving it in his name longer term, not least in respect of CGT when the house is eventually sold.

Spousal maintenance does exist but it is fairly uncommon and where ordered it is typically or a shot period of time, to assist with the transition from being married to single, and sometimes to help cover the shortfall if (for instance) you are returning to work following a child starting school, and are moving from benefits to employment.

It's likely that the mortgage payments he is making would be sen as a form of maintenance - short term this may help you as they are not classed as income for benefits purposes, longer term you're likely to be better served by his paying you maintenance and you paying the mortgage direct, as you can build up a record of payments and have more control over the process.

The CAb was right that you not paying towards the mortgage hurts him more than you in that his credit record is the one which will be damaged if he gets into arrears. However, if he does not want the house to be kept then he may take the view that he'd rather stop paying and force a sale

System

I think in this case (horrible case I fully appreciate) the OP is confusing Mediator with Judge. Just because the mediator says so, doesn't mean for one second that will happen when you go to court.

Now, if your ex is offering half mortgage in lieu of full child support, that's another thing. Sounds like he's trying to be quite clever. If he offers you half house and half child support and the house to go in joint ownership, when your youngest is 18, he de-facto gets half of his child support payments back when you either have to buy him out OR you sell and split.

My advice, ask for full child support, no deals on the mortgage - if you have to move out and downsize so be, it's worth it so things are tangled up further along

Guest101

andydownes123 wrote: »

I think in this case (horrible case I fully appreciate) the OP is confusing Mediator with Judge. Just because the mediator says so, doesn't mean for one second that will happen when you go to court.

Now, if your ex is offering half mortgage in lieu of full child support, that's another thing. Sounds like he's trying to be quite clever. If he offers you half house and half child support and the house to go in joint ownership, when your youngest is 18, he de-facto gets half of his child support payments back when you either have to buy him out OR you sell and split.

My advice, ask for full child support, no deals on the mortgage - if you have to move out and downsize so be, it's worth it so things are tangled up further along

Ofcourse the risk is he moves back in with new gf in tow....

davidwood123

andydownes123 wrote: »

I think in this case (horrible case I fully appreciate) the OP is confusing Mediator with Judge. Just because the mediator says so, doesn't mean for one second that will happen when you go to court.

Now, if your ex is offering half mortgage in lieu of full child support, that's another thing. Sounds like he's trying to be quite clever. If he offers you half house and half child support and the house to go in joint ownership, when your youngest is 18, he de-facto gets half of his child support payments back when you either have to buy him out OR you sell and split.

My advice, ask for full child support, no deals on the mortgage - if you have to move out and downsize so be, it's worth it so things are tangled up further along

Never going to happen

unholyangel

Gavin83 wrote: »

He won't be expected to pay half the mortgage on the property you live in and also the full maintenance. The maintenance he'll pay towards his children is expected to fund, among other things the mortgage. If he's well paid as you say then the maintenance should be a reasonable sum.

I'm not being mean here, I totally respect you are the victim and you are currently in a horrific situation but I'm trying to be honest as to what he'd be expected to pay. No court will expect him to be able to afford child maintenance to you (think it's around 20% of his net salary for 4 kids) pay half your mortgage, pay his own mortgage/rent and support his new child.

Just to point out, he wouldn't be paying half OP's mortgage - the mortgage is his and in the circumstances OP describes, they would jointly own the property (as part of the financial settlement of the divorce) therefore they should both be paying half the mortgage if they want their shares to remain at 5050.

However I seem to recall that in these circumstances, the ex's new partner could also claim maintenance for the child she has with the OP's ex, which would directly impact on the amount OP would get in CM as it would be shared with the new child (ie 20% split among 5 rather than just the 4 children he shares with OP).

Gavin83

unholyangel wrote: »

Just to point out, he wouldn't be paying half OP's mortgage - the mortgage is his and in the circumstances OP describes, they would jointly own the property (as part of the financial settlement of the divorce) therefore they should both be paying half the mortgage if they want their shares to remain at 5050.

No judge will order that he has to continue to pay half the mortgage until the youngest is 18 as well as maintenance. The 50/50 point will end once he stops contributing to the mortgage. As I've already said there aren't many people who could afford maintenance for 4 children, half a mortgage, another full mortgage or rent and to support the new child. Of course a lot depends on what other assets there are, this hasn't been mentioned.

In the interim the mortgage would have to come down to an agreement between the two of them. He may decide he's better off not paying the mortgage and have the house repossessed, it depends on his mentality.

unholyangel wrote: »

However I seem to recall that in these circumstances, the ex's new partner could also claim maintenance for the child she has with the OP's ex, which would directly impact on the amount OP would get in CM as it would be shared with the new child (ie 20% split among 5 rather than just the 4 children he shares with OP).

I could be wrong here but I believe the new child would only be taken into account for maintenance if he splits up with the mother.

Guest101

Gavin83 wrote: »

No judge will order that he has to continue to pay half the mortgage until the youngest is 18 as well as maintenance. The 50/50 point will end once he stops contributing to the mortgage. As I've already said there aren't many people who could afford maintenance for 4 children, half a mortgage, another full mortgage or rent and to support the new child. Of course a lot depends on what other assets there are, this hasn't been mentioned.

In the interim the mortgage would have to come down to an agreement between the two of them. He may decide he's better off not paying the mortgage and have the house repossessed, it depends on his mentality.



I could be wrong here but I believe the new child would only be taken into account for maintenance if he splits up with the mother.

No all children are taken into account

unholyangel

Gavin83 wrote: »

No judge will order that he has to continue to pay half the mortgage until the youngest is 18 as well as maintenance. The 50/50 point will end once he stops contributing to the mortgage. As I've already said there aren't many people who could afford maintenance for 4 children, half a mortgage, another full mortgage or rent and to support the new child. Of course a lot depends on what other assets there are, this hasn't been mentioned.

In the interim the mortgage would have to come down to an agreement between the two of them. He may decide he's better off not paying the mortgage and have the house repossessed, it depends on his mentality.



I could be wrong here but I believe the new child would only be taken into account for maintenance if he splits up with the mother.

The house bit - I know. There are various different ways that assets of the marriage can be divvied up. As you say, they have it so the current equity is split 5050 but any future equity is 100% the OP's (as is the mortgage for the remainder). Or she could buy him out completely (for example forgoing a claim on his pension in exchange for his current equity).

There are other options also but really, my point was only that the suggestion of him paying half the mortgage payments was probably made on the basis of him retaining 50% of current & future equity - therefore he wouldn't be paying OP's mortgage, he'd be paying his own mortgage.

As for the child maintenance part....:
https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance

Step 4 - other children
The Child Maintenance Service will take into account the number of children the paying parent has to pay child maintenance for. This includes any other children living with them and any arrangements that have been made directly with an ex-partner.