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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have been paying the mortgage for my childrens home since

Customer Question

I have been paying the mortgage for my children's home since I separated from their mother seven years ago as well as contributing to school clothes, pocket money, the 'big' Christmas gifts, holidays and they stay with myself and parter every other weekend. Which also consists of paying for their activities. The CSA have never accepted this and now calculate I am in arrears of £300000.00. Therefore calculate I owe £1,170.00 per month which they started to take direct from my salary before my employer paid it into my account last month. Therefore I can't afford to pay the mortgage etc. i have asked them to recalculate but they say this is the law. I am not an absent father but they refuse to acknowledge this. I start a new job tomorrow so they will soon be in touch with my new employer. Please advise what I can do to get them to listen, acknowledge my previous payments and come up with a reasonable payment. Otherwise I may as well give up work. I also visited my gp this week because the stress of it all is making me anxious.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Who owns the house the children live in?
Claire
Customer: replied 4 years ago.
The mortgage is in both myself and my ex wife's name. She gets her share paid by the DWP because she is on benefits and refuses to work because she has children, one at secondary school and the other who starts secondary this September. Doesn't stop her doing illegal cash in hand work though. She also gets relief on her council tax and utility bills.

Expert:  Clare replied 4 years ago.
Hi
Why did you continue to pay the mortgage rather than the CSA assessment?
Claire
Customer: replied 4 years ago.
It was part of the divorce settlement.
Expert:  Clare replied 4 years ago.
Hi
What was the wording of the Court Order and did you send a copy of it to the CSA?
Claire
Customer: replied 4 years ago.
The CSA were in court when it was agreed. They failed to issue the direct debit form for me to pay them the agreed £50.00 per month, however I did make several requests, then they started harassing me saying I was in arrears and sending bailiff letters.

Now would you please give me an answer, I am beginning to feel this also may be scam.
Expert:  Clare replied 4 years ago.
Hi
The question and answer nature of this forum sometimes makes it difficult to tease out all the details necessary to give a full reply to a question.
At the moment what you have told me does not make sense.
The CSA will usually take account of Mortgage payments - however in your case they have not - and that is because you are only paying "your half".
What I need to know - to try and help you resolve your problem - is what the financial court order within the divorce proceedings says as that is the key to resolving the issue
Claire