I understand. Technically the issues of child maintenance and a commitment to pay the mortgage are separate issues. Interestingly he could be forced to meet the child maintenance commitment by the CMS, but unless the court has ordered it, he can't be forced to meet the mortgage payments. Obviously if mortgage payments are not met, the mortgage will fall into arrears and ultimately could be repossessed - which he will know that your daughter does not want to happen, which is why he is playing the game he is.
It also sounds like he is telling the CMS that they have a family based arrangement now and that he is using the mortgage amounts he is paying to justify this.
The only way around this is for the court to step in and order that he meets the payments in addition to child maintenance pending the outcome of the final hearing.
This would require an interim application, on a D11 form, particularly if the final hearing is some way off.
I hope that this assists.
Do remember that I can only give you my opinion.
Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.
That only applies to new threads, not this one. You have me exclusively on this one.
Take care and stay safe.