07 Sep 2016

A question about : Maintenance Payments

Hi,

My 15 year old son has fallen out with my ex and is going to move in with me. My daughter is 17 but has left full time education and is working full time in McDonalds. She turns 18 at the end of October. I'm currently paying my ex Ј1500 per month maintenance and I think I can stop this but just wanted to check. If anybody knows that would be great ..

Thanks

Best answers:

  • Who stipulated the maintenance amount, is it through the CSA, through a court order or private arrangement?
  • It's a private arrangement. It covers the mortgage, all the bills and probably most food for all 3 of them. I also pay for both the kids mobile phone contracts and if they need clothes, school trips etc I contribute to that on top.
    One issue she's just brought up is that although I've been giving her enough to cover all the bills she's now taking legal advice as the house is in both our names but she says I haven't given her anything towards the mortgage since I moved out so I'm not sure where I stand on that one so that's a question over and above the maintenance one (I'd obviously continue giving her cash specifically towards the mortgage going forward as it is still in my name but I maanged to get a great deal so the interest payments are only about Ј300 per month so it wouldn't be a huge amount) ?
  • ...and if neither of the children are with her then she has no recognisable (in court) need for a house, so it can be sold and proceeds split and she can go buy something she can afford.
  • Were you married? Makes a huge difference to the advice you get.
  • Are/Were you married?
    If so, then your ex may have a claim for spousal maintenance.
    How was the figure of Ј1,500 worked out - was it using the CSA formula?
    If your son moves to live with you and your daughter is now working then you will no longer be liable for any child maintenace. You would be entitled to seek maintenance from your ex for your son, if you wished.
    In terms of the house, it is likely that you will still be entitled to a share of the equity - there may be an argument that even if you were not paying to the mortgage, it was reasonable for your ex to pay this (or at least the interest element) by way of an 'occupation rent' for your share of the house. Is the mortgage a repayment or interest only one?
    I would suggest that you go to see a solicitor- look for one who is a member of 'Resolution' - many offer a free initial consultation so you can clarify some basic points, and take things from there.
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