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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 son has split from his partner and they have a son together

Resolved Question:

My son has split from his partner and they have a son together and a mortgage. He has calculated his csa payments as 74.00 per week but he is also paying £330. per month for the mortgage. He has been told that the csa payments should be used as the mortgage as this is keeping the roof over his son's head. Could you please clarify where he stands legally as he is paying £650.00 each month to his ex partner and this does not leave him enough money to rent a new property with his new partner.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
What income do they each have?
Clare
Customer: replied 2 years ago.

They only bought the house in November 2013 and spent a year renovating it. They bought it for £150,000.00 It has not been valued since, I would hazard a guess that it would not be much more than the price they paid for it. My son put down a deposit of £13,000 so the mortgage was for £137,00.00 minus 18 months payments of £660.00. My son takes homes net pay around £2000. I believe his ex partner works part time and takes home around £500.00. However, she will now be claiming working tax credits and family tax credits, child benefit and she has taken him off the council tax bill, so may be claiming council tax benefits.

Hope this helps

Expert:  Clare replied 2 years ago.
Hi
Just to check - I assume that they are not married?
Rough guess on the value?
Clare
Customer: replied 2 years ago.

They are not married and the estimated value is now 165,000 to 170,000. My son pays half of the mortgage of £330.00 per month. I only want to know where he stands in relation to the csa payments and mortgage payments whether the csa payments can be used as his half of the mortgage payments so that his monthly payments can be reduced? Or does he legally have to continue to pay both?

Expert:  Clare replied 2 years ago.
Hi
Whilst your son remains financially responsible to the Mortgage Company no matter what, his ex cannot force him to pay anything towards the mortgage on a property in which he does not live.
On that basis your son can simply pay over the Child Maintenance and leave his ex to pay the mortgage herself
However obviously if the mortgage falls into arrears then your sons credit rating will be seriously effected.
In addition his ex could possibly make an applictaion to the court under Schedule 1 of the Children Act for help with the mortgage to ensure that she can house the children until they are 18
There is no guarantee that she would be successful in such an applictaion - but it is possible - but until such an order is made your son can simply make the CSA payments.
I hope that this is of assistance - please ask if you need further details
Clare
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