Child support and covering bills.

LJ87

Hi all,
Hopefully someone can shed some light as solicitors / citizens advice haven’t been massively helpful without paying out fee’s that I just can’t afford atm.

Recently separated from my wife.
She is living in our house (joint named mortgage that I pay alone)
She is asking that I continue to pay the mortgage in full, plus maintenance, plus any household bills (electric/tv/broadband/water)

This is approx 85% of my monthly wage and actually comes to more than I was contributing when I lived there!

Can anyone confirm what things I actually need to be covering?!

Should I be expected to pay the full mortgage payment, even though I’m not living there and it’s in both our names??

Aranyani

You have to pay child maintenance.  That’s non-negotiable.

If the mortgage is in joint names you are most likely ‘jointly and severally liable’ meaning you’re both on the hook for the full lot and it’s up to you two how you divide it.  How were you doing it before the split? 

You don’t need to pay the bills as they are a cost of living there and you don’t anymore. 

Can she afford the bills? 

SweetPotatoPie

Does she work? Claim benefits?
as above, you will need to pay maintenance and also will bear responsibility for mortgage if in joint names. She “should” be paying half the mortgage but you have said that you usually cover this. You do not need to pay for any bills as you will not be living there. 

LJ87

Thanks.
Before the split I paid the mortgage and contributed to the running costs of the house, which equated to £150 less than she’s asking for now!

She works self employed and claims UC to top up.

As a single parent she is now recieving almost what I was contributing in UC, plus any earnings, plus what she’s asking of me! 

SweetPotatoPie

Then she should be paying half the mortgage and cover the bills.
You will need to pay maintenance and half the mortgage - there is a calculator that will tell you what you should be paying. 

Long term - it may be worth discussing the property, you will also need somewhere to live etc. 

TBagpuss

If you are not in the house then contact the utility companies, get final bills and get your name off the accounts. Do the same with the Council Tax. She will need to set up new accounts in her sole name. 
So far as the mortgage is concerned, you and she have joint liability the lender and it will have an impact on both of your credit records if it goes into arrears, so it is in both your interest to ensure it doesn't. Given current circumstances, it may make sense t ask about whether you would qualify for a payment holiday, to give you bit of breathing space (although be aware that this will affect your ability to get a new mortgage, with some lenders)

Check out https://www.entitledto.co.uk/ to see what your wife is likely to be able to claim in tax credits etc then sit down and work out the actual outgoings for the house and that you will have, to get a feel for how much she will actually need, in the short term until you sort out a final settlement, and what you can afford, again, in the short term, Hopefully the amount that she needs (as opposed to wants) and the amount that you can afford, will be reasonably close. 

You will have to pay child support, and the CMS won't count any other payments towards that i.e. you can't say @I'm paying the mortgage so should pay less / no child support) but if they are not involved you can agree with her that you will pay the mortgage instead, short term.

It's not realistic to expect you to pay everything - it is reasonable to allow her time to apply for Universal Credit or whatever else she may qualify for, but the reality is that you cannot run two households for the price of one and almost everyone sees their standard of living fall when they separate or divorce, she is going to have to accept that she will need to make economies and also maximise her own income.

celblog88

I would suggest that when she made her UC claim she said she was paying at least half, maybe all of the mortgage. As others have stated if your name is on the mortgage then you are both liable however you should not be paying household bills and utilities on top on child maintenance and mortgage payments. I may be mistaken also, but if you need alternative accommodation for when you have the children and cannot afford to pay your half of the mortgage then there may be allowance for this. Maybe run that past your solicitor. 

Clearchem

TBagpuss said:

You will have to pay child support, and the CMS won't count any other payments towards that i.e. you can't say @I'm paying the mortgage so should pay less / no child support) 

This is not correct. You can. Ask for a variation form and supply your payment info in the mortgage section. Your income can then be reduced by your mortgage payment and your maintenance obligation recalculated. Also any others pre separation debts inc for example annual estate charges you pay can be included. 

Marvel1

Easier to move back in!
Pay the bills? Is she having a laugh?!

TBagpuss

Clearchem said:

TBagpuss said:

You will have to pay child support, and the CMS won't count any other payments towards that i.e. you can't say @I'm paying the mortgage so should pay less / no child support) 

This is not correct. You can. Ask for a variation form and supply your payment info in the mortgage section. Your income can then be reduced by your mortgage payment and your maintenance obligation recalculated. Also any others pre separation debts inc for example annual estate charges you pay can be included. 

Only if you are not retaining any benefit in relation to the payments - which normally, if the house/mortgage are still in joint names, you will be. 
Also, for bills, you can only get a variation where you are paying off a debt incurred before you separated, so ongoing bills can't be taken into account, although if you were paying off arrears you might be able to have them considered if they met the other criteria. 

Clearchem

Only if you are not retaining any benefit in relation to the payments - which normally, if the house/mortgage are still in joint names, you will be. 

This is not correct. Morgage payments even if you own the house and you lived in it with your partner and child and they still live there can and are taken into account if you apply. It will even  survive a tribunal. 
Prior debts - yes if incurred before separation