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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am going through a break up (un-married) and have 5 year

Resolved Question:

I am going through a break up (un-married) and have 5 year old twins, he cannot take time off work during June,July and August yet I cannot either. I had to also reduce my working hours to support him when he went through job losses. Can I claim anything on money lost from salary against my half of the mortgage and should he not have to either pay for childcare (only during the summer for a couple of weeks)so he does his fair share of the summer holidays?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who owns the property that you live in?
How much does your ex earn and how much doe she pay in maintenance for the children?
Clare
Customer: replied 3 years ago.
Mortgage is jointly owned, I will be buying him out, I am aware of the legalities, as I reduced my hours to support him during his job loss I was wondering if the loss in income over 4 years could be set against my profit? he earns approx 17000 pa so I am already aware of the child maintenance calculator so it's approx 186 pm I just cannot take the whole 6 weeks off during summer. He is stating he won't be able to afford the child maintenance. His mum has bought a flat and as she can only have a mortgage for 10 years his costs are higher yet he texts his friends to say how much money he will save
Expert:  Clare replied 3 years ago.
Hi
May I ask how much the house is worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
130000 value and 106000 remaining he states he wants 2000 from me which is good but with a loss of salary of 3/4k over 4 years I want to know if that can be offset and if he has to share the summer holiday aswell as I cannot take all the time off. If he cannot can I use it as leverage? (This isn't costing 26 per question is it?
Expert:  Clare replied 3 years ago.
Hi
You do realise that you do not have to pay him anything at all until the children are 18 unless you cohabit?
What is the current pattern of contact?
Clare
Customer: replied 3 years ago.
We are sorting that out currently, if I wait till their 18 though won't he benefit from all the years I will pay mortgage then? Or if he is happy with 2k can I give him that when they are 18. I need to know about summer holidays which was my original question and that this is not costing me 20 per question?
Expert:  Clare replied 3 years ago.
Hi
No it is all covered in the one payment.
I am sorry but you cannot force him to have the children more often than he wishes - nor can you insist on receiving extra maintenance to cover the child care costs - i am sorry I know that this is not the news that you wanted.
With regard to the house if it is a repayment mortgage then you will get credit for any capital that you have repaid so he will not benefit as such.
However if you can afford to get him released from the mortgage and pay him the £2000 then obviously that is a better outcome and allows you to make your own future plans
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you