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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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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My ex wife has been awarded help with her share of our mortgage.

Customer Question

my ex wife has been awarded help with her share of our mortgage. she has now said she wants money off me for our 3 kids as her benefits have been reduced in light of this award.
is she trying to get money out of me, should i pay her anything and should i ask to see the letter(s) she says she has had
i already pay half the mortgage on a house i no longer live in, pay the buildings and contents ins and her life ins on the mortgage.
i know she receives a lot in benefits as she gets benefits for 2 kids as they are on the autistic register, child benefits, income support, council tax rebate, and probably gets some i dont know about.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
How much do you earn gross per annum and how often do you have the children overnight
How much are you paying on the mortgage?
Clare
Customer: replied 1 year ago.

my gross is approx 40k

my ex will not entertain the idea of me having my kids overnight and restricts access to them to every other Sunday. 2 of my kids do not want to spend time with me i think because i have remarried

i pay £375 a month towards the mortgage plus approx £100 a month building & contents and her life ins on mortgage

i dont have much if anything left after paying my own bills and rent despite what i earn.

Expert:  Clare replied 1 year ago.
Hi
Your Child maintenance liability is £633 a month.
The CMS will not count the mortgage payment as being part of Child Maintenance so you should inform your ex that if you have to pay the full child maintenance you will no longer pay half of the mortgage
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

is that calculated before or after my finances are taken into account because if it is before then i would not be able to afford to go to work

i am self employed and paid through an agency so only get minimum wage and "dividends"

at this point she has not asked for a specific amount

Expert:  Clare replied 1 year ago.
Hi
I am sorry - I thought you said your gross income was £40,000 per annum.
If so then your liability is 19% of that - a little less if you have other children in your household
You do NOT have to pay the mortgage as well
Clare
Customer: replied 1 year ago.

my income is based on £40,000 at the agency. when i get paid it is through an umbrella company which pays me minimum wage plus dividends. i have an 18yr old step daughter who is still in full time education and lives with me and my wife.

i understand i dont have to pay the mortgage if she goes to the CMS

would the benefits agency have reduced her benefits by awarding her the mortgage payments??

Expert:  Clare replied 1 year ago.
Hi
In that case your liability is £563 a month
This is a set sum and your outgoings are not relevant.
Clare
Customer: replied 1 year ago.

ok but would the benefits agency have reduced her benefits by awarding her the mortgage payments??

Expert:  Clare replied 1 year ago.
Hi
No
Clare
Customer: replied 1 year ago.

sorry got called away...

are there any benefits that she would have had reduced or taken off her by getting the mortgage payment which goes direct to the lender??

should i ask to see the letter stating reduction/loss of benefits as she would then accuse me of not believing her and that i was trying to hold back from supporting the kids and that i didnt want to pay her anything

Expert:  Clare replied 1 year ago.
Hi
There is no point asking to see any letters as it does not effect your legal position - she is entitled to more than you are currently paying
Clare
Customer: replied 1 year ago.

fair enough but the question was are there any benefits that she is/could be claimimg that would have been reduced/affected by the claiming of mortgage payments to the lender directly from the dwp

or is she trying to deceive/lying to me about this?? thats why i was asking about the letter

Expert:  Clare replied 1 year ago.
Hi
My apologies.
No there is not
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

hi clare

you stated earlier in the thread that if i was to pay maintenance that i wouldnt have to pay the mortgage

could you clarify that please

Customer: replied 1 year ago.
Relist: Other.
wanted clarification to a point that was made but as yet have not heard anything
Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay
If you are paying maintenance then your ex will be expected to pay the mortgage from this and any other income she has
Clare
Customer: replied 1 year ago.

so if i pay her what the CMS say, then get in touch with mortgage people they will contact her for payment and she cant come back at me saying i've got to pay both

Expert:  Clare replied 1 year ago.
Hi
You do not need to notify the mortgage company - you just tell your ex that you will no longer be paying the mortgage
Clare

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