Recently Split With Partner And Need Advice

ljc33

My brother has recently split with his partner with who he has a young child with. I was wondering if anyone has maybe been in the same situation where and could help.
Now to the point he has a young child of which he looks after almost everyday after work, he also has a mortgage with his partner and he is the one that has left the family home. The problem is that when his partner has an issue with him she uses the child by refusing to let him spend time with the child. My brother does not pay any matinance pay but he does still pay half of the mortgage which would probable amount to more than the maintance money any how.
His partner seems to think that he could just sign the house over to her and that she could afford it (i dont know her finances but do know she only works weekends).

I was just hoping for some advice as when she takes a mood it cause major problems and upsets my brother .

Big thanks to any advice

CB1979_2

if they're split up for good, then go and see a solicitor and get it all formalised properly.

think he probably has to still pay the mortgage (as his name is on it) and also has to pay maintenance to the kid.

i'd try and cut back on all luxuries, (ie sky, broadband, etc etc)

but the biggest thing would be get it done legally what rights, etc he is entitled to if she's gonna play petty games.

however my boss got told by his divorce solicitor that if his mrs wanted to be a b!tch and prevent him from seeing his kids and it went to court, the judge would pretty much do nothing about it.

hobo28

Legally he should be paying child maintenance. The CSA website has a calculator which he can work out his liability. In general its 15% for one child minus 1/7th for each overnight stay he has. Doesnt sound like he has overnights so it probably is straight 15%.

His maintenance liability stops here. However since he has a joint mortgage he is also liable for the mortgage too. Technically half but the banks dont care who pays as long as someone does!

Is ex ok with him paying half the mortgage in lieu of maintenance? Is there much equity in the house? If there isn't then it might well be worth signing it over just to get rid of his mortgage liability then just pay maintenance. That way there's no unecessary financial tie. This is essential if he's to move on.

Withholding contact is a common tactic to "punish" the ex. In actual fact its more about control. Legally your brother could go to court and get a court order but to be honest at this stage I'd really advise not to as it would just make matters worse. The court orders are pretty much unenforceable and costs quickly mount up.

What I think your brother needs to do is stop looking after the child at her house and establish some regular access time. At the same time he needs to split the finances.

Hope that helps