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plclegal, Barrister
Category: Family Law
Satisfied Customers: 7866
Experience:  Barrister at law
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My daughters ex husband is refusing to pay maintenance for

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My daughters ex husband is refusing to pay maintenance for their three children - all under 12. He paid up till January this year but then decided just to pay the joint mortgage on the Family home. - this in turn has caused problems for my daughter not only for her monthly bills but is restricting her ability to get a mortgage on her own when they decide to sell the FH which is what her ex is wanting to do. She works part time £700/month and is on benefits to help a bit - he is an raf officer on 83k/year. The cms are refusing to help. What can she do?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: they have been to FDR where the judge’s view was that this was a needs case and that she should have all equity from the sale of the FH in order to rehouse herself and the children. Her barrister asked for global maintenance of £1517 to continue which was the sum agreed at at mediation in 2019. He has always arbitrarily deducted money whenever he didn’t agree with something and has used finances to control her - his words! We have paid her solicitors fees so far but we are pensioners now so this cannot go on! What can she do? I have read that paying the joint mortgage is completely independent of child maintenance - is this right? He refused to listen to the judge at the FDR and seems intent on taking it final which is unaffordable for my daughter
JA: Have they talked to a lawyer about this yet?
Customer: not about the maintenance - am I right in the fact that mortgage payments are independent of maintenance payments - can she fight this through the cms to avoid further legal fees?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not really - we are dealing with an ex husband who simply refuses to be reasonable. My daughter is somewhat afraid of him - he does bully her both financially and emotionally! Whilst all the rest of this is dragging on she just wants her maintenance reinstated - their fixed mortgage rate finished at the end of jan and he refused to negotiate a new rate - before he was paying her and she paid the mortgage to keep her credit rating for the future ongoing - last year she could get a mortgage in her own right but because of his messing around with her monthly money and now because she cannot show any money coming in from him she has been declared ‘unmortgageable’ - we just want to get this bit sorted out so she can pay her bills and have some future herself.’

Hello, my name is*****’ll do my best to assist you today and I’m sorry that your family is going through this. I appreciate that is is important that you find a resolution as soon as possible.

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Customer: replied 7 days ago.
Thank you - I suppose the question I really want answered is whether the payment of their joint mortgage is independent of child maintenance payments!

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.

Thank you.

Take care and stay safe.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you - that all makes sense - can she apply to the court via form D11 herself or does she have to have a solicitor do this for her? We are trying to save on costs of course as it has cost us £25k already!!

Happy to help. She can make a D11 application herself, there's no need to engage a solicitor to do this.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter