My outgoings exceed my salary because of CSA demands

October 21, 2012

OK a dilemma …. looking for some help and advice please.

My ex wife made a claim to the CSA and I am now paying her over £1000 for my three children which is not the issue.

We have a joint mortgage which up until the CSA made me pay her maintenance I was paying in full. Since the payments started to the CSA I half paid 50% of the mortgage

I am also paying loans which were joint debts from our marriage (the CSA have lost my variations application) .

My ex has not paid her half of the mortgage and we have received arrears letters from the lender .We are two months in arrears

My ex really believes that I can continue ot pay the full mortgage (for a house im not living in) AND the child maintenance.

I have proven to her solicitor that my outgoings exceed my incoming salary but she is giving me the emotional blackmail that the children will lose the roof over their heads.

She says she cannot afford to pay her half of the mortgage despite me giving her over £1000 per month plus she has benefits and her own salary

My dilemma is this …. do I just continue to pay half the mortgage plus the loans or do I not pay the loans and ensure the mortgage is paid in full ??? . I dont see why I should pay it all when she is living there but by the same token I dont want my children to be out on the street .

The CSA are next to useless… apparently the maintenance is a priority debt and apparently more important than paying the mortgage !!!

Any ideas folks ?

Comments

  • chall says:

    Carl,

    Do you have an equitable interest or charge on the property where your ex lives?

    The CSA may consider a variation for mortgage payments, loans or insurance policies. But obviously if they have lost your application, that is unhelpful and you will possibly have to re apply.

    I doubt anybody could answer whether you should ‘just continue to pay half the mortgage plus the loans or do I not pay the loans and ensure the mortgage is paid in full’ as default on either could show on your credit records.

    If your ex is being unreasonable about paying their half of the mortgage maybe consider moving back to the marital home for financial reasons (or at least suggesting it). It may be enough to encourage her to start paying her share, as once your back ‘home’ the CSA would be unable to consider you a non resident parent as you would reside in the same household as your children.

    chall ~ afairercsaforall

  • vikki says:

    do you have a written agreement that she pays half the mortage? if yes there is no emotional blackmail you provide more than adequate for the kids and therefor SHE would be making the kids homeless. if she was paying 1/2 the mortage and now isn’t what IS she spending the money on?

  • Alice says:

    It is unfortunate that your variation form was lost – did you keep a copy of it and get proof of postage? If not re-apply, keep a copy and send it recorded delivery. All mail to CSA is now logged and your case officer has to call you within 2 working days of it being received.

    You should be granted a variation on the basis of you paying towards the mortgage and also regarding the loans etc.

    If you were to move back into the marital home your ex can still claim child support if you are not living as a couple, living in the same house does not mean you are exempt, many couples remain in the same house after they separate but no longer live as a couple.

  • chall says:

    Quote Alice; If you were to move back into the marital home your ex can still claim child support if you are not living as a couple, living in the same house does not mean you are exempt, many couples remain in the same house after they separate but no longer live as a couple.

    ~ Procedural Guide, withdrawal/Cancel Application and close case?

    If the NRP begins living in the same household as the PWC, the calculation immediately ceases to have effect
    This is because once ALL the parties share the same household, the NRP is no longer a NRP, so the child is no longer a qualifying child.

  • Carl says:

    Thank you all for your kind responses. We are in the process of divorce and the decree nisi has been received. My ex says she is in no hurry to proceed with the absolute as she is potentially better off in not doing so.

    There is no financial agreement in place at the moment and I am waiting to hear from her solicitor.

    she says that with all of her outgoings she cannot afford AND has not paid half the mortgage for the last 3 months so we are in arrears. The mortgage is in joint names so even though I pay half I am still legally responsible for the remainder.

    Vikki… you are correct it would be her making the children homeless but she just doesnt see it and I cannot be sure what bile she feeds the children during the week. I have always paid the entire mortgage up to the point when the CSA took their chunk and it is now not affordable. I assumed that she would just pay her half out of what she receives from them … how wrong was I !!

    I understand that my credit rating will be affected in I fail to pay my loan but I guess it is a small price to pay for having the comfort of knowing that my children have a roof over their head.

    Alice …. I did not keep a copy unfortunately but the CSA confirmed that they had received it on 3rd August yet lost it within their departments… incompetence at its highest

    They promised to send me another but they have not done so and as the whole process takes months I am just kept waiting and waiting

    Not a happy bunny !

  • Alice says:

    a couple can live in the same house but maintain separate households – they need to be able to prove that they are not living as a couple, ie they shop individually, eat and cook as individuals etc … there was a case not so long ago where the husband moved into the converted attic and he paid the PWC maintenance, he even got a share care allowance as she went out on a weekly basis and he stayed in and looked after the kids

  • chall says:

    Alice,

    http://www.dwp.gov.uk/docs/o-0301.pdf

    Re pages 303 & 304

    Quote;

    3(2) The parent of any child is [a “non-resident parent”], in relation to him, if–
    (a) that parent is not living in the same household with the child; and
    (b) the child has his home with a person who is, in relation to him, a person with care.

    Given your post, I would appreciate that you supply me with the legislation that agrees with your post??

    Regards

    chall

  • Carl says:

    Update……. I received a letter yesterday saying I owe £1413 …. a total random amount as ARREARS. I have only been paying for 3 months and as far as I am concerned am up to date so how can they get things so wrong ? I

    I had come to an agreement with the ex about the mortgage but now she thinks she is going to get £1413 plus me paying the mortgage . Dont know where to turn

    Result is that if I pay the £1413 then the mortgage wont get paid again !!

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