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Clare, Solicitor
Category: Law
Satisfied Customers: 33028
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Firstly, thank you my previous question. I do have some

Resolved Question:

Firstly, thank you for answering my previous question. I do have some further questions that are really is concerning me.My wife and I have discussed briefly settling the equity on the house, based on the advice you gave in the previous answer. However, we each have raised points as to why it should be different to a 50% split.Some of the things she has mentioned are contributing towards things she has purchased for our daughter since leaving (without consulting me at the time) but is now requesting money towards them. I have always said i would be happy to contribute towards this and am not so worried about these things. There are however a couple of things she mentioned that do concern me, and is the reason i am contacting you again today, i will keep the descriptions of these as brief as possible.1. A Lodger: Essentially a personal friend i allowed to stay in the spare room during a trial separation from his wife, for a period of 6 months. His children also spent time there too when possible. He contributed £200 a month towards bills and food (although she suggests that going rate for a room is £270). She was aware of this at the time, but is now suggesting she should have half of the 'rent' money i received.2. Child maintenance: So far we have had a 50:50 custody arrangement, and the suggestion from both sides is that we continue this, but during the discussion is that she has not contacted CMS yet, and that to date i would owe her £3432.3. Payments from bank account: I have recently discovered that for at least a year before she left her wages were paid into her personal bank account and not into our joint account from which the mortgage and bills were paid from. However, since she left i have continued to pay the mortgage (25 months worth = £11,175) from my salary alone. In addition i have also discovered she has continued to allow payments for her credit card (Totalling £6,750) and her car insurance (Totalling £1,625). I have not suggested that all of this be taken off her share of the equity, but a small percentage of it.My question is really to see where i stand on these points? As i mentioned previously i would like to come to an amicable agreement between the two of us, but want to ensure any discussion is based on a correct legal basis.
In a way i am almost resigned to the fact that i will not get a contribution towards the car insurance and credit card i have paid on her behalf, but am very concerned about the other two points. So i guess my question is does she have a rite to the money suggested on each of those points?
Many thanks again
Submitted: 3 months ago.
Category: Law
Expert:  Clare replied 3 months ago.

Thank you for your question

To deal with each point

1. Given that you paid for the bills and the food it is doubtful there was any profit - so no

2. You do not owe her anything - child maintenance cannot be backdated AND if the care is 50/50 it is not payable anyway

3. Water under the bridge given that you did not check and stop the payments!

I hope that this helps - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33028
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Again, thank you for your response. The only question I think I have remaining is against future threats regarding paying for child care/maintenance.
So, if the 50:50 arrangement remains would her claim still stand? and if so would this take into consideration her living arrangement and the fact that she is being supported by her new partner with whom she now has 2 children? Would the fact that she receives the child benefit payments for our daughter (and i don't get any) be taken into considerationI guess what I want to understand is if she threatens (which at some point she will) by no longer agreeing to this where do I stand?Thank you.
Expert:  Clare replied 3 months ago.

The fact that she receives the Child benefit will mean that you have to fight the CMS (CSA) to confirm that they will not make an assessment but eventually they will have to accept the position.

In any event it has nothing at all to do with the division of the equity

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