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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been living with my 3 childen in our familiy

Customer Question


I have been living with my 3 childen in our familiy home since my ex partner left 7 years ago.
There has always been an understanding that he paid the mortgage and he has done this and this alone. He has never paid any maintenence to the children.
The mortgate is £1,000 per month (this is way inflated as he has re-mortgaged the house twice to fund his gambling addiction.
He is now saying that his liability children's maintenence is around £400.00 per month and that since he is paying £1,000 mortgage .. i have to make up the mortgage payments.
I have point blankly refused to do this as he is satisfying his own mortgage re payments which are £1,000 entirely because he has re mortgated the property twice.
What he is saying is that when the childen and i move out (which i don't anticipate is iminent), the figure which he says i owe him to live in the house each month will be offset against any maintenence which he owes to the children .. which basically amounts to nothing and thus will leaver the children and I in severe hardship.
I know that he will not voluntarily pay maintence and i will have to go down the CSA route as he wants to pay the minimum he can.
Would the CSA entertain any of this and can he do this in any event?
Please help . I can't sleep at night.
Anna
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you question.

I will do my best to help you but I need some further information first.
Who actually owns the property?
How much is it worth and how much is outstanding on the mortgage?
How much more has he borrowed since you separated?
How much does your ex earn?
Clare
Customer: replied 1 year ago.

Dear Clare, thank you reply.

He is the legal owner of the property.

I had a share in equity which i agreed to accept £13,000 which was paid to me in July 2014 as i was going to leave the property to re locate 50 miles away. However it turned out not to be the best plan so the children and i decided to stay.

He said we could stay and made no mention of what he now proposes.

He has an obligation to meet half of our eldest son's school fees which he has refused to pay now and i am paying them in their entirity.

I have no idea what the outstanding mortgage is .. he says is is about £210,000 but i have only his word and he is not the best at telling the truth.

I think the house is probably worth about £270,000.

All the remortgaging was done when he still lived in the house.

He tells me he earns £47,500 although again.. i have only his word .

kind regards

Anna

Expert:  Clare replied 1 year ago.

When was the court order regarding the School fees made?
Clare
Customer: replied 1 year ago.

There is no order Clare just our verbal agreement.

Expert:  Clare replied 1 year ago.

Do you think he is earning what he says he is?
Clare
Customer: replied 1 year ago.

Clare.. do you have advice ?

kind regards

Anna

Expert:  Clare replied 1 year ago.

Sorry - i asked if you believe that he is being honest about his income (it affects the tactics you will need to adopt)
Clare
Customer: replied 1 year ago.
I did reply .. I don't know if he is being honest but on the basis he is
Expert:  Clare replied 1 year ago.

Thank you
Sorry - when you say that you had a claim on the equity - was it a Declaration of Trust and what percentage were you meant to receive?
Clare
Customer: replied 1 year ago.
.. I had 33.3 per cent .. But I agreed in writing that it would be restricted to £13,000 ..so when I was leaving in the summer he paid me that and I relinquised all rights over the house. But we didn't leave and he said we could stay .. As it was the children's home and convenient schools etc .. I realise I have broken the agreement by not moving out .. But he agreed to stay .. I would have moved out in the summer otherwise . My question to you is aside of all this ... In the future will the CSA be interested in any of what he says ? Surely it's the case where I will contact them to make a claim 3 children .. They will simpy calculate what he owes from then on based on his earnings and if he does not make the payments they will inforce .. Whatever he says to them about the past and him meeting the mortgage is irrelevant .. Is this not the case ? Anna
Expert:  Clare replied 1 year ago.
H Anna
You are indeed correct - he will be assessed based on his gross income and the fact that he is paying the mortgage on his own property will have no relevance at all
Indeed you could apply immediately and be granted maintenance straight away even whilst you are living in the property
I am also uncertain about the lump sum that you have received as it seems very low compared to your entitlement
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Clare thanks .. So just to be clear .. His threats of zero maintenance have no foundation. We can stay in the house long as we wish . He will need to issue proceedings to evict us. If he does this obviously we will move or can I contest this ? His mortgage payments whilst we live in the house have absolutely no relevance to his maintenance and threats that he therefore owes zero maintenance in the future the to the fact that he has paid the mortgage are completely without relevance and indeed merit. Just need to be absolutely clear as I am being constantly messaged with these awful threats if we do not move out of no maintenance children . I can't sleep at night .. And it's causing me great distress .. Anna
Expert:  Clare replied 1 year ago.

If the children are under 20 and in full time secondary education then he will have to pay maintenance whatever has happened with regard to the property.
If your ex tries to exclude you from the property then you can apply to the court right to remain there until your youngest child is 18
Clare

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