Ex refusing maintenance.

EvieK · 31 July 2018 at 10:38PM

Hi all,
Me and my ex separated in january but have been living together since then, we own the property and we are both on the mortgage. Things have become very difficult between us so for the children's sake (and my own) I have chosen to move out and rent privately as he refused to move out (plus it's a large 4 bed house so bills are quite high and my part time salary don't stretch to cover it all) We agreed that he would continue living at the house (whilst it's on the market to sell) and pay for the mortgage and all bills himself as it will just be him there as the 2 children will live with me. He is refusing to pay any child maintenance as he claims he is already contributing by paying the mortgage (even though me and both children don't live there) is he right to do this? He sais that as I'm the one who chose to move out in theory I should still pay half the mortgage as my name is on there as equal shares. I would never be able to afford my rent, bills and then half of the mortgage on my part time salary.
I really don't want it to have to go down the legal route but he is very difficult to talk to about this situation so was looking for any advice before going further.
Thanks

jimd-f · 1 August 2018 at 8:08AM

regardless of anything else you are entitled to claim child maintenance for your children.

there are some points that you should consider before you open a case.

if your ex is self employed getting money from him through CMS will be difficult. if he is employed then they could get a deduction from his earnings.

in an ideal world CMS will look on you trying to get a private agreement over CM. this does not look possible at the moment.

you say the house is up for sale, and he is paying the full mortgage.
maybe it would be worth you approaching him and trying to get an agreement that once the house was sold he would pay CM. if he refuses this then you could open a case.

I am not trying to put you off opening a case at this moment but the financial aspects of the mortgage/house sale should probably be the short term priority rather than possibly antagonising an already difficult situation for you both by opening a CM case right now.

iammumtoone · 1 August 2018 at 8:13AM

He should be paying you maintenance regardless of what else he is paying out.

However he is also correct that your name on the mortgage means you are equally liable to pay it regardless if your are living there.

BAFE · 1 August 2018 at 12:27PM

Contact the CMS and get a payment plan in place.

HoneyNutLoop · 2 August 2018 at 11:54AM

You are entitled to child maintenance and can apply as other posters have said.

However, you are still a party to your mortgage and so are as equally responsible for the full amount as he is, regardless of whether or not you live in the house. This is the contract you will have signed with your mortgage provider.

While he can’t really force you to pay a share, he can also stop paying the mortgage to force repossession if he was so inclined, and you would both be equally responsible for any resultant costs that weren’t covered by the sale of the house.

Unfortunately you can’t just absolve yourself of your mortgage obligation because your relationship didn’t work out.

You’ve said you can’t afford your share of the mortgage plus all your other costs. Can he afford to cover all the mortgage and child maintenance? Is the child maintenance you’re entitled to more or less than half the mortgage? Have you made sure you’re claiming all benefits you may be entitled to?

newbutold · 19 September 2018 at 9:04PM

They are two separate issues.

Apply to the CMS for child maintenance, this you and your children are entitled to.

He is correct re you paying half the mortgage but is there a way you could either pay your half out of the child maintenance or come to an agreement where by your share of the mortgage payments comes out of your share of the equity once the house is sold.

MrsKat · 25 September 2018 at 7:24PM

Hey
He is still eligible to pay CMS. Ultimately you are not living in the property, him paying the mortgage is therefore not countable as payments. You may have chose to move out but it was due to his actions and you where protecting the children.
i would contact CMS and ask them to take over your case (i think you have to pay £20) and then they will take care of enforcing any payments he owes, including calculating payments, and therefore any issues regarding money can be dealt with via them and you wont have to approach him via payments. If he continues to not pay you just call CMS and they deal with it.
RE: mortgage, technically you are still liable for the mortgage, but if you are jointly liable then it dosent matter who pays it, and no one is entitled to pay 50% as you are both liable for the full amount, but as it sounds like hes a higher earner, they would most likely pursue him for any arrears as they would have higher chance of being successful, he is also still living in the property so hes paying for somewhere to live. As said above it may be possible for you to pay back what you owe in mortgage payments in house equity, but ultimately unless he has it in writing, he cant force you to pay him back for any mortgage payments he made as you both are full liability for the mortgage payments, mortgage companies don't care who pays, long as it is paid.

Ex refusing maintenance.

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