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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have split from my wife and moved out of marital home. We

Customer Question

I have split from my wife and moved out of marital home. We have two kids and I will continue to pay half my side of morgage. My ex works not full time and is claiming working and child tax credits,how much child maintaince would I need to pay bearing in mind I’m paying half my part of morgage still.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 10 months ago.

How much is the property worth and how much is outstanding on the mortgage?

What is your gross income and how much is the monthly mortgage payment?

Customer: replied 10 months ago.
Property is with roughly £300,000,the morgage is £205,000. I’m self employed currently earning £800 before tax.
Monthly mortgage payment is £759.
Expert:  Clare replied 10 months ago.

Is that £800 a week?

Customer: replied 10 months ago.
sorry £800 a week
Expert:  Clare replied 10 months ago.

How often do the children spend the night with you on average?

Customer: replied 10 months ago.
Every other weekend on a Friday and Saturday night
Expert:  Clare replied 10 months ago.

In that case, you are liable to pay £128 a week

I am afraid that you cannot claim credit for the mortgage payment that you are making because the CMS will simply say that the property is half yours anyway.

You can however notify your ex that you will not be continuing to pay half the mortgage - the Family court will not necessarily expect you to do os.

I hope that this is of assistance - please ask if you need further details