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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34124
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife left the home which we have joint ownership of, in

Customer Question

My wife left the home which we have joint ownership of, in march 2013. I have taken over the payment of our interest-only mortgage and have 2 lodgers in the house, the rent from whom is split 50-50 between us after overheads have been deducted.

My ex and I have an ad hoc agreement to share custody of our six yr old daughter as we both live 5 mins from the school, and she spends roughly equal time with the two of us.

My ex is threatening to use the CSA to extract £50 per week maintainance from me for rent of the room that our daughter uses in her recently rented accommodation that she has moved to. If we have shared time with our daughter it makes sense to me that we both take equal responsibility for payment of her food and clothing. My ex voluntarily left and subsequently, I believe, is responsible for any additional costs, as from my perspective, our daughter has a perfectly good home which is paid for here. what is the legal situation here? I am at present giving her £200 per month which is the proceeds from the rental from the lodgers, plus, as mentioned, paying her half of the mortgage, though she is still retaining 50% ownership of the property, (this was my concession to her, to help support her financially in her new home). could you advise me of the best course forward please? many thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
In the average fortnight how many nights does the child spend with each of you?
Clare
Customer: replied 3 years ago.

Hi Clare


Maybe 5 or 6 with me and the rest with her at the moment, though, since she works nights sometimes, acting in the theatre, between march and september, it was more like 6 nights with me and one with her.


Nigel

Expert:  Clare replied 3 years ago.
Hi
For clarity then at the moment she spends more nights with her mother that with you although that may change is that correct?
Clare
Customer: replied 3 years ago.

yes Clare. I'm sorry I am going away to work tomorrow for nearly 6 weeks, and would like to put this stream on hold till I return 25th Feb. i am out of internet range for the best part of that time. In my haste, i asked a friend if I could use her email as mine was not accepted on enrollment. The friend is forwarding all mails from you to me, which is a big ask of her. Would you be able to use my address [email protected] to continue any correspondence? I hope this proposal is acceptable to you,


regards, Nigel

Expert:  Clare replied 3 years ago.
Hi
I shall ask Customer services to deal with that for you
I assume that if you are away then you will not be seeing your daughter in that time which suggests that over the course of a year your daughter spends more nights with her mother than with you.
This being the case the mother can indeed claim child maintenance from you - 12% of your gross income subject to a substantial discount (likely to be 3/7) to reflect the number of nights your daughter spends with you.
I am afraid that the fact that you are paying the mortgage is not relevant since you have the benefit of living there - although you could argue that the money from the lodgers should be put towards her share of the mortgage first.
I am sorry not to give you better news - please ask if you need further details
Clare