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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 7240
Experience:  Barrister at Self Employed
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Am I really grateful for your help. Could we agree the

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Am I really grateful for your help. Could we agree the maintainence payment like you said between us what agreement/document could we use so I am agreeing to pay a set amount each month and would it be legally binding?
Would both our signatures be sufficient on the agreement?
In addition could I put a clause in it that if I am not earning the payment could be reduced?
Is maintainence up to the age of 16 or 18?
Is it your business earnings that helps to calculate the maintainence only or is rental income included I want to ensure that it a fair calculation for our daughter? Thanks

Thank you for the further question.

I am not working this evening but I will respond for you in the morning.

Kind regards,

Peter

Customer: replied 19 days ago.
In addition could she use the maintainence that I would be paying her to increase the amount she could borrow on a mortgage as that might help her and my daughter or as the agreement will not have started would it not be included?
What would be the legal process for her to be able to include the maintainence that she is not yet receiving in her calculation in getting a mortgage only if it is legally allowed to be able to be done? Thanks
Customer: replied 19 days ago.
I was thinking of offering her a fixed amount of maintainence each month regardless of my earnings however so she has that security for my daughter and feels more reassured do you think that is fair?
She has early said £300 a month that is equivalent to someone earning at least 30k a year and from the business I have earnt nothing like that for a number of years? I do not think she is been fair
Do you also think it is best to arrange set days for when my daughter stays with me and put that in an agreement as I am really concerned that she will try and stop my daughter from seeing me and staying with me?

Thanks for your patience.

A fixed monthly amount of child maintenance would be classed as a 'family based arrangement' - i.e. one that is arranged between yourselves and not via the CMS. You could write this into an agreement that you both sign. It wouldn't;t override the CMS if you applied for assessment in the future based on your earnings but it would show a clear intention.

You either agree a fixed amount regardless of earnings, or go down the route of basing it on earnings (in which case if you are out of work the amount goes down). You can't have both.

A mortgage lender may take the amount you pay into consideration when calculating her income, they may not. Different lenders may take different views on this point.

The CMS guidelines say maintenance only continues past the age of 16 if a child remains in full time education (up to a level equivalent).

I do think its a good idea to arrange your contact days and times and to do this formally, through mediation and then a court order if needed.

Thank you for your enquiry. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Peter Collins and other Property Law Specialists are ready to help you

I hope that your query has been resolved.

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

Customer: replied 18 days ago.
Hi Peter thank you
She is saying she only wants a mortgage for 60k although she could borrow more as such if she gets a mortgage for just 60k that would mean she could not afford to buy 2 bedroomed house in the area she wants to live in. I wonder if the reason behind her only wanting to borrow 60k is so she can apply for the schedule one act lump sum payment from me or she could request to live in the rental property I own and I keep my share of equity in it until our daughter is 16. Can she do all this?
In addition with the amount of money she will receive could she go into rented accommodation if she is not prepared to increase the amount to borrow or has she got to go into a mortgaged property. She has already said that she does not want to get a mortgage to live in a two bedroomed apartment? Thanks
Customer: replied 18 days ago.
She has said that now a days our daughter would have to stay in education until she is 18 that is the law now. Is this correct and do I make the family based arrangement until our daughter is 16 or 18 I do not want her to lose out or be disadvantaged? Thanks.

As I aid the CMS guidelines state that full time education is the key and this can mean that payments extend up to age 20 rather than stopping at 18. Being in full time education is the main concern.

Mortgage capacity and what she wants to take a mortgage out for are separate things. We'd all like a smaller mortgage, obviously, but on arguments based on affordability it's what is possible and affordable that matters rather than a wish to be mortgage free sooner rather than later.

Customer: replied 18 days ago.
Thank you Peter grateful.

My pleasure.

Customer: replied 18 days ago.
Sorry - is rental income calculated in to the maintainence payments or is it based on business earnings I do not want my daughter to be disadvantaged. Once a monthly payment of maintainence has been agreed would it be ok for me to give my daughter more money or do I have to stick to the agreement?
Customer: replied 18 days ago.
As such with the amount of money she may receive could she go into rented accommodation if she is not prepared to increase the amount to borrow or has she got to go into a mortgaged property. What is the legal stance on this? Thanks.

All declared yearly income is used for the basis of a calculation.

Obviously it's preferable for a secure home - which a mortgaged home generally is - but the court would have to be realistic if your ex is refusing to take on a mortgage on sensible terms.

You can of course give your daughter money above the agreed maintenance amount.

Customer: replied 14 days ago.
Thank you

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

Customer: replied 14 days ago.
As such is it better to do the maintainence agreement up until our daughter is aged 16 and then review it again when she is 16 if she goes into full time education? Thanks

You can build in a review to the agreement at age 16/ the end of GCSE school year if that is something that you feel is necessary. That should not meet too much objection.