Mortgages and child maintenance

Vmclean

Just need some guidance - my partner has a child with his ex and since their split in July 22 he has been paying the mortgage on the property he no longer lives in (she is refusing to budge in any way, will not phone the lender, will not sell and wont condone trying to buy him out - we've been down many avenues) so my question now relates to mortgage and maintenance? 

If he pursues just paying maintenance for the child does this or will this affect the need to pay the mortgage? As he is not living in the property, we are currently privately renting which is now affecting his finances really quite severely (the reason for private renting in the first place is she agreed to sell which she then reneged on so thought it would be short term difficulty with finances but now this has turned long term) This is now having implications on mental heath and stresses. 

I have tried reading up on the matter but no where seems to give any sort of definitive answer.

If he does pursue maintenance and the mortgage gets called into question is this something that needs to be agreed between ex partners or is this enforced by law? 

Any help or advice would be appreciated.

grumbler

Vmclean said:

If he pursues just paying maintenance for the child does this or will this affect the need to pay the mortgage? 

I'm no expert, but I think these are two independent issues.
Whos name(s) is the mortgage on? It's a financial arrangement with the bank. He can stop making payments, the house will be reposessed, his credit history ruined.
Child maintanance is his obligation after separation. It has to be an agreement with the ex whether the mortgage payments count towards the maintanance amount.

springmagpie

Will also depend on how old the kids are, were they married, are they divorced, is there a financial order? In theory he can't get out of the mortgage until the house is sold, or moved into the sole name of the ex. If he is on the mortgage then he should still be paying, and as such entitled to equity in the result of the house being sold. Maintenance does not include mortgage, so will be worked out separately. 

jlfrs01

I was in a similar position with my ex-wife a few years ago. Child and Spousal Maintenance are separate to the Mortgage. The problem with the current arrangement is it provides no closure of sorts and it's fraught with danger, for example if your Partner's ex meets someone new and moves them in or she moves out and rents it out to persons unknown.
I think there are 2 courses of potential action:

1: Go down the official route by making a claim for Child Maintenance with the CMS, part of the DWP listed on the Government's website. It has an online calculator to help work out how much should be paid per week or month and for how long.

2: Your Partner could force his ex's hand by mandating the payments he makes should cover the mortgage and all other running costs, etc. It is then upto her but if she stays put he still has a financial interest in the property. Chances are she'll have no alternative but to sell up, or risk repossession with all the complications that go with it. Assuming there is equity in the property, then begins the negotiations over what percentage she and your Partner are to receive.

A consequence of this approach maybe your Partner's ex contacts a Solicitor to negotiate on her behalf and possibly look to get Spousal Maintenance from him. 

I took the steps above and what I've detailed here is the exact scenario as it played out in my case, ending with a Consent Order setting out the equity split, a pension share and child/spousal maintenance. It did give me closure, forward planning and provide protection plus the ability for both my ex and I to move on.

ACG

Has he thought about moving back in to the property? It might spur her on to sell the property?
At the minute she has a house that is being paid for, why would she move? 

Im not sure if a court would force the sale if the mortgage is being paid. He needs legal advice really. You need to find a way to motivate her to move because at the minute she is getting maintenance and her home paid for.