Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Were you married?
What is your housing position?
Why have you nor forced the sale of the house?
When was the house purchased, how much is it worth and how much is outstanding on the mortgage?
How old are the chidlren?
How much is it worth now?
Is it a repayment or an interest only mortgage?
The bad news is that child maintenance is based on income and I am afraid that he is paying the correct amount.
The good news is that you are entitled to insist that the property is sold and you are entitled to half of the equity - although you may have to give credit for the capital he used from his gratuity.
If he argues that in fact he has paid all the mortgage since you left point out that he did so partly using the money that should have been used to pay child maintenance and accordingly you have in fact paid your share
If he will not agree to a sale then you can apply to the court to force a sale
I hope that this is of assistance please ask if you need further details
The maintenance assessment is based on his gross income - so yes any rental income he receives will be taken into account - but not his capital I am afraid