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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have been seperated for 4 years and divorced for 2 years.

Customer Question

Hi, I have been seperated for 4 years and divorced for 2 years. We have an IVA together and a mutual agreement that he pays £200 per month for child maintenance for 2 children aged 12 and 10 and £120.00 towards the IVA. However I,m paying £50.00 towards the IVA to make the total £170.00 and £550.00 for the mortgage per month. He is now being irresponsible and unreasonable by only giving me £100.00 per month for maintenance and saying I have to pay the IVA because he was on the sick after operation for 4 weeks. He works full time earning approx £350.00-400 a week.Can you please advise would he have to pay towards the mortgage and still pay maintenance if i took him to court or the C.S.A
Many regards XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Was a Financial settlement agreed at the time of the Divorce and turned into a court order?
Clare
Customer: replied 2 years ago.

Hi Clare,


No it was a mutual agreement that we split the debt but definetly no court order or financial settement. He's also saying if I take him to the court to sort out mortgage he'll just go bankrupt and i'll have to pay for everything.

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


Hi, I think its worth about £120,000 and £125,000 is still owed due to having to put arrears owed on to the end of the term.

Expert:  Clare replied 2 years ago.
Hi
What income do you have?
Clare
Customer: replied 2 years ago.

Im sorry to be rude but what would that have to do with finding out if he is eligable to pay half the morgage.

Customer: replied 2 years ago.


Ive sent a reply.

Expert:  Clare replied 2 years ago.
Hi
It is crucial I am afraid.
Child maintenance is certainly payable - at 16% of his gross income (at most)
However he does NOT have to pay the mortgage on top of that UNLESS he is also liable for Spouse maintenance - and that is based more on what your income is than on anything else
The IVA is also a complication - which again means that your income is a relevant consideration.
However he is clearly underpaying the maintenance - unless the chidlren spend a considerable number of nights with him
I hope that this is of some assistance - if you need more details please ask
Clare

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