Joint Mortgage Holiday

Veteran_and_Dad

Hi All, this is my first thread so be gentle. Just over 12 months ago I was ordered by the court to pay my Joint Mortgage in full and child maintenance (a total of £2200 pct). Last summer I lost my Job, I've asked my ex to agree to a Mortgage holiday until I get back on my feet, she will not agree. I've now got to a stage where I am in financial bother so I have contacted Child Maintenance Services (CMS) to explain I cannot afford both the Mortgage and Maintenance, they said they wouldn't expect me to pay both but until my ex liaises with them they cannot enforce anything. I feel like I am between a rock and a hard place as I can't get a Mortgage holiday without my ex's permission but she still wants Maintenance for my child which I have regularly with me and have shared care responsibilities. HELP!

Veteran_and_Dad

Veteran_and_Dad said:

Hi All, this is my first thread so be gentle. Just over 12 months ago I was ordered by the court to pay my Joint Mortgage in full and child maintenance (a total of £2200 pct). Last summer I lost my Job, I've asked my ex to agree to a Mortgage holiday until I get back on my feet, she will not agree. I've now got to a stage where I am in financial bother so I have contacted Child Maintenance Services (CMS) to explain I cannot afford both the Mortgage and Maintenance, they said they wouldn't expect me to pay both but until my ex liaises with them they cannot enforce anything. I feel like I am between a rock and a hard place as I can't get a Mortgage holiday without my ex's permission but she still wants Maintenance for my child which I have regularly with me and have shared care responsibilities. HELP!

*Typo £2200 PCM not PCT

DE_612183

What happens if you don't pay the mortgage?

Veteran_and_Dad

Well I will be in arrears, and then default payment which could lead to CCJ and the house being repossessed. My Ex Wife and my daughter live in the house which is up for sale but as the housing market is so bad it won't sell, it's been on the market for 12 months and I've dropped the asking price by £60,000 already.

DE_612183

so not paying the mortgage will impact your ex - perhaps she needs to realise this if she won't agree to the payment holiday...

Veteran_and_Dad

Unfortunately that is not an option, the Judge made a decision in court that because at that time I earned more than my ex then I should pay the whole Mortgage, a quite unfair system all in all. 

DE_612183

Then can you go back to court to request a change of arrangement?

Under what type of court procedure were the terms made?