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Paying both CSA & Mortgage

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  • Exodi
    Exodi Posts: 3,931 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 3 January 2024 at 9:52AM
    marcia_ said:
    Exodi said:
    marcia_ said:
    Exodi said:
    I can't help but think some of the advice in this thread is a bit biased...

    The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

    Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

    I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.
    marcia_ said:
    My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
    Do i have to continue to pay the mortgage if i am paying CSA please 
     If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 
    I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

    Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).
     Misleading how. I said exactly the same as you 
    Mhmm.

    I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to plainly see why yours and Sue's comments are misleading, even if you apparently can't.

    Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).
     It appears only you are talking about Court orders 
    (and tightauldgit)

    OK I'll play - then what do you propose the OP is asking about when they ask "Do i have to continue to pay the mortgage if i am paying CSA please", if not the CMS/legal position?

    If you genuinely (and I have doubts) believe the OP is only inquiring about whether they have to pay their mortgage, then why mention CMS at all?
    Know what you don't
  • marcia_
    marcia_ Posts: 3,410 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    BExodi said:
    marcia_ said:
    Exodi said:
    marcia_ said:
    Exodi said:
    I can't help but think some of the advice in this thread is a bit biased...

    The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

    Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

    I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.
    marcia_ said:
    My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
    Do i have to continue to pay the mortgage if i am paying CSA please 
     If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 
    I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

    Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).
     Misleading how. I said exactly the same as you 
    Mhmm.

    I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to plainly see why yours and Sue's comments are misleading, even if you apparently can't.

    Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).
     It appears only you are talking about Court orders 
    (and tightauldgit)

    OK I'll play - then what do you propose the OP is asking about when they ask "Do i have to continue to pay the mortgage if i am paying CSA please", if not the CMS/legal position?

    If you genuinely (and I have doubts) believe the OP is only inquiring about whether they have to pay their mortgage, then why mention CMS at all?
     Take it you also have issues with the CMS 🙄
  • Exodi
    Exodi Posts: 3,931 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 3 January 2024 at 10:18AM
    marcia_ said:
    BExodi said:
    marcia_ said:
    Exodi said:
    marcia_ said:
    Exodi said:
    I can't help but think some of the advice in this thread is a bit biased...

    The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

    Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

    I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.
    marcia_ said:
    My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
    Do i have to continue to pay the mortgage if i am paying CSA please 
     If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 
    I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

    Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).
     Misleading how. I said exactly the same as you 
    Mhmm.

    I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to plainly see why yours and Sue's comments are misleading, even if you apparently can't.

    Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).
     It appears only you are talking about Court orders 
    (and tightauldgit)

    OK I'll play - then what do you propose the OP is asking about when they ask "Do i have to continue to pay the mortgage if i am paying CSA please", if not the CMS/legal position?

    If you genuinely (and I have doubts) believe the OP is only inquiring about whether they have to pay their mortgage, then why mention CMS at all?
     Take it you also have issues with the CMS 🙄
    No? I don't have children, though my wife and I are planning to start trying this year (at long last).

    But it seems that you'd rather resort to ad hominem attacks, than counter the pointing out of your obvious bias on the subject and misleading comments... which is how I expected this would go, hence saying earlier this disingenuous debate was 'probably not a good use of our time to continue'.

    Viewers will be able to form their own opinions, my only hope is the OP read more than yours and Sue's replies and doesn't leave this forum misinformed.
    Know what you don't
  • marcia_
    marcia_ Posts: 3,410 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Exodi said:
    marcia_ said:
    BExodi said:
    marcia_ said:
    Exodi said:
    marcia_ said:
    Exodi said:
    I can't help but think some of the advice in this thread is a bit biased...

    The OP is unlikely to be forced (by court order) to pay the mortgage. Child Maintenance is intended to include things like housing costs, so it shouldn't be the default assumption that the OP should have to pay maintenance AND the mortgage, despite peoples personal views on the topic.

    Obviously, defaulting (assuming the ex doesn't meet the payment) on the mortgage comes with it's own problems. For one, eventually the house will be repossessed. I doubt the OP is daft enough not to realise this.

    I expect the OP is in a situation where the house was ordered to be sold, but as often happens, the inhabitant may realise it's in their best interests to... extend... the process. Repossession is obviously one option, albeit a very serious one with lots of disadvantages. But desperate people resort to desperate things.
    marcia_ said:
    My ex fiancé is living in our home with my children and i am paying CSA and half mortgage which has been a year now. I’m unable to get my own place until the property is sold. 
    Do i have to continue to pay the mortgage if i am paying CSA please 
     If you fail to pay your mortgage your house will be repossessed eventually and then there will be no house to sell 
    I'm not sure if you're being deliberately misleading, but while you might not achieve maximum returns like if the owners sold directly, the bank doesn't just keep all the excess equity from a repossession above what they are due...

    Obviously there is a whole moral argument separate from this where some might argue that regardless of the legal or CMS position, a father should do everything he can to ensure the security of his children (e.g. not putting them through a repossession).
     Misleading how. I said exactly the same as you 
    Mhmm.

    I'll be honest, you and CurlySue2017 were being quite obviously biased... I don't want to put a specific label on it, but I think it's relatively obvious this is a disingenuous exchange between us, and probably not a good use of our time to continue. I've no doubt others would be able to plainly see why yours and Sue's comments are misleading, even if you apparently can't.

    Unfortunately the OP has not been active since the 29th, but I hope they saw tightauldgit's comment and didn't leave this thread with the wrong impression that they were legally obliged to pay both CMS and the mortgage payments, without a specific court order (and you'd assume someone with such an order wouldn't need to ask such a question).
     It appears only you are talking about Court orders 
    (and tightauldgit)

    OK I'll play - then what do you propose the OP is asking about when they ask "Do i have to continue to pay the mortgage if i am paying CSA please", if not the CMS/legal position?

    If you genuinely (and I have doubts) believe the OP is only inquiring about whether they have to pay their mortgage, then why mention CMS at all?
     Take it you also have issues with the CMS 🙄
    No? I don't have children, though my wife and I are planning to start trying this year (at long last).

    But it seems that you'd rather resort to ad hominem attacks, than counter the pointing out of your obvious bias on the subject and misleading comments... which is how I expected this would go, hence saying earlier this disingenuous debate was 'probably not a good use of our time to continue'.

    Viewers will be able to form their own opinions, my only hope is the OP read more than yours and Sue's replies and doesn't leave this forum misinformed.
     What 'obvious bias'

     If you accept a contract to pay your mortgage you do so or your house will be repossessed. 

     CMS is a completely separate issue 
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