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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 (nearly ex) husband pays £200 a month maintenance

Customer Question

My (nearly ex) husband pays £200 a month maintenance for our 2 children. Last year he earned £46,217 after Tax and NI. He currently pays £215 a month into a pension scheme.
He has a new partner and shares her home along with her 2 teenage children but is desperately looking to buying a new house with her.
He currently has our children 104 nights a year.
We have a joint mortgage, which he transferred into his own bank account from our joint account and he currently pays the whole amount of £675 per month. Meanwhile he has left me to pay all the household bills from the joint account which amount to £600 per month. I used to pay £400 towards the monthly bills and mortgage, as I only work part-time.
He has now stopped paying £200 a month for the children, wants to put the mortgage back into our joint account, so I can pay half of it and I still pay for all the monthly bills.
Can he do this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
What doe she earn Gross per annum?
How much do you earn net each month?
How old are the children?
Clare
Customer: replied 2 years ago.

Hello Clare.

I have no idea what my husband's new partner earns. I know that she only works 18 hours a week, whereas I work 24.

I earn £1220 per month from my job

The children are 8yrs and 12yrs old.

Thanks

Emma

Expert:  Clare replied 2 years ago.
Hi
My apologies - it was a typing error - it is his gross income I need details of
Clare
Customer: replied 2 years ago.

£59,000 he is self employed but he actually earns more but claims lots of expenses.

Expert:  Clare replied 2 years ago.
Hi
What reason has he given for stopping paying child maintenance?
Clare
Customer: replied 2 years ago.

He can't afford the pay the mortgage on this family home as well as contribute to his partners house.

We are going through a divorce and he desperately wants to sell the family house so he can buy a new one with his partner and her children.

I also want to sell the house and we have agreed on the percentage split but he only wants to pay £295 a month for child maintenance, (once he has the children 6 nights out of 14 - although no one believes he will be able to fulfil this obligation) so I have delayed the marketing of the house until other issues of the divorce have been finalised. I feel like I'm being blackmailed by him.

Expert:  Clare replied 2 years ago.
Hi
That is because you are
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

£400,000

£53,000 left to pay.

Expert:  Clare replied 2 years ago.
Hi
How much will a three cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Hi Clare,

Are we diverting from my original question?

All I need to know is, if my husband can stop paying child maintenance and make me pay half the mortgage and all the household bills?

Thanks

Emma

Expert:  Clare replied 2 years ago.
HI
My apologies - it is only relevant to the issue of whether or not your ex can in fact force a sale of the property.
If your ex stops paying the Child Maintenance and the full mortgage then you can make an applictaion to the CMS for Child maintenance - which will be more than you are currently receiving.
I hope that this is of assistance - please ask if you need further details
Clare