Will the CSA offset the mortgage payment?

December 8, 2013

My ex partner (never married) lives in my property with our children. I live in rented accommodation, I pay the full morgage as the property is mine alone and also give money on top which equals what the csa say I should pay. (Morgage and cash combined) She has never contributed to the bills financially and does not pay me rent. Will the csa ofset the morgage payment ? She seems to think I should pay her the full amount in cash and also the morgage which would leave me on the streets.

Comments

  • Marcus Lasance says:

    Can’t you come to some private arrangement with your ex? She must understand you paying for a roof over their head is partly in support for your children? Just tell her if she doesn’t you will be forced to sell the property or default on your loan. She can’t be that stupid? I would not count on the CSA compensating you. They are useless idiots at the best of times.

  • Bill says:

    You can ask for a variation from the formula on the grounds that you are paying for the accommodation of the child.
    But it may take some time and you could be overpaying for a while.
    Best to avoid the CSA if at all possible.

  • mike says:

    Hi, my post originally. Unfortunately we cannot come to any private agreement due to her being awkward. I have tried to sort it out without the csa being involved however she wont have any of it she has now stopped all contact with my kids leaving me looking at hefty court bills as well for contact. Im still waiting for the csa to get back to me despite me calling everyday for the past week. My only option now is to sell the house. Really disappointed with how the csa are dealing with things. I feel like a suspect in a court case at the minute.

  • Firstly, the CSA won’t care less if you see your kids, lose your house or end up on the streets – so don’t bother with them. As their rules go, because you own the house it doesn’t come into any variation form. You can only make an application for a variation on the grounds you’re paying the living costs of your ex and her children so long as you have no vested interest in the property. it’s your house, so it doesn’t count.

    If she were living somewhere else and you paid her rent, then it would be fine.

    As the CSA doesn’t care, and your ex is refusing to speak with you and seems quite willing to cut her nose off to spite her face you may have no other option than to stop paying the mortgage and just pay her the money she is ‘owed’ through the CSA. Tell her that’s what she’s owed, that’s what you’re paying, she needs to pay her own rent or mortgage.

    You will then go into arrears and, after three months, the mortgage company will move to foreclose on you. It’ll ruin your credit rating too.

    Your ex can’t expect to live scot free in a house you’re paying for and get the full money she’s owed by the CSA from you as well.

    Does your ex own any part of the house or is it all in your name? How long had you lived there together? She could have rights as a commonlaw partner.

    If you haven’t already, see a solicitor. You stand to lose your home, children and future credit rating if you don’t.

  • mike says:

    Hi. I bought it in 2006. She hasn’t paid anything to give her a vested interest in tge property I.e new bathroom, deposit etc. She never worked. Everything came out of my bank. I have had to take a mortgage break to cover it this month. She has been there since I bought it. Never married or anything. The csa called today to say they “may” take it as a variation but couldn’t give me any sort of figure as to how much of a variation it wouldbe. I have a solicitors appointment on thursday…

  • jo says:

    Hi michael, there is no such thing as common law….was on this morning where a woman lived with her partner for years and after they split she got nothing….only marriage can determine what belongs to whom or how it should be split.

    OP have you actually threatened your ex with the fact that if she’s being unreasonable then you will no longer be able to pay the mortgage which means no home for her or your children? She can’t have it both ways and is just being greedy!

    Might be worth getting legal advice. Good luck

  • mike says:

    Hi. Yeah have had estate agents round to value the house. She even refused to let one in today. I cant go round as it would end up in an argument. She is burying her head in the sand and is just expecting me to pay up. I have told her nunerous times what will happen (house sold, repossessed etc…) but she thinks im bluffing and i will just pay it.

  • george drennan says:

    why dont you move back into the house put her out then she can claim the money of csa and pay her own rent greedy bitch

  • mike says:

    I have thought about that. I guess I want tovtake the moral high ground. My kids live there, are settled have friends and are close to school. I didnt want to disrupt them. She is and has always been motivated by money.Im also renting eksewhere ninow, tied into a tenancy agreement etc. Its a right mess. Hopefully tge solicitors I am seeing Thursday will be able to start things moving in my favour.

  • jo says:

    What a mess, hopefully you’ll be able to sort it out, hopefully she won’t turn kids against you and say you made them homeless, however, she can’t keep having her own way just because she has your children…selfish woman!

  • mike says:

    Thats already started as well im afraid….. it will all be my fault (according to her). I hope that they can see through it. Hopefully this can all be sorted but I know its going to get tougher before it does especially with the mercenary csa on my back.

  • jo says:

    How old are your children?

  • You wouldn’t be able to move back into the house. She would call the police and they would ask you to leave or arrest you for ‘breach of the peace’. It’s their blanket, fits all response. They always side with the woman and wouldn’t care if you owned the house.

    Good luck with the solicitor – I imagine you’ll end up serving eviction on her which, in itself, can take months.

  • poppydonuts says:

    I cannot speak for CSA on this matter but did you know that you may claim tax relief on the money you pay for child support if paid through CSA?

    Contact HMRC direct and ask them of have a scroll through this manual:

    http://www.hmrc.gov.uk/manuals/remanual/RE1111a.htm

  • Andrew Anderson says:

    You can actually apply for a variation if you can provide evidence that you are paying a mortgage for the QC’s (qualifying child) household.

    Quote: If we are asked to take into account certain costs or expenses a paying
    parent pays, or any other income they may receive, this is called
    applying for a variation.
    A paying parent can ask us to take certain expenses into account. These
    are called ‘special expenses’ and can reduce the paying parent’s gross
    income figure that we use to work out child maintenance.

    For future ref:
    NRP = Paying parent
    PWC = receiving parent.
    Terminology changed with the 2012 scheme.

  • In the know says:

    As others have suggested you are entitled to apply for a ‘variation’ as you are paying the mortgage for the property that your ex partner and children live in. If your variation application is successful the amount you pay for the mortgage will be knocked off your net income before the maintenance calculation is made rather than being knocked off your calculation amount. The amount knocked off will also be subject to a threshold amount depending on how much you earn.

  • mike says:

    I am the original post. Just to update everyone. The CSA have amended my monthly payments to take into account the mortgage. They have very “kindly” amended my payments ftom £554 per month to £471. On top of the 471iam now expected to pay a £400 per month mortgage….. thankyou CSA for being so reasonable…. I have now put the house on the market for sale but she wont let anyone in to view it…. am now with the solicitors to sort it all out… (stressed and depressed!)

  • jo says:

    Well mike I think that’s the only way forward if your ex cannot be reasonable, as hard as I sound you must now start putting yourself first, your doing your legal obligations of supporting your children, its unfair your ex cannot see this and has cut her nose off to spite her face….silly moo! Hope it works out for you. Good luck

  • Jim says:

    I’m in the same boat in Canada. I have to pay full table child support while my ex and daughter live in my house for free. So I pay a mortgage and child support payment and the court doesn’t care. It’s completely ridiculous but nobody cares about the man after a split. The Canadian child support rules are draconian compared to the UK and Australia. Costs aren’t shared as the support formula is based solely on the support payers gross income and there is no consideration for access costs or other children. The formula here is completely biased toward the custodial parent. Many Canadian men are broke for life and paying child support far in excess of the needs of a child while kids in their own household suffer.

  • mike says:

    Original poater… just an update. The house is up for sale and I am no longer paying the mortgage. She is refusing to move and wont pay the mortgage or any rent. She also is refusing to let potential buyers in to view the address! I have told her it will be repossessed, given her a letter to take to estate agents/council to get another house but she ia not budging. Am now stuck in limbo, credit rating down the toilet. Csa not bothered and chasing me for arrears I dont believe I owe (as I was paying the mortgage for months) and now she is refusing access to the children. At court in 3 weeks for access and have spoken to my solicitors who say there is little that can be done to make her let people in to view the property as well….

  • jo says:

    Mike hate to say it but your ex sounds like a right [email protected]! Looks like you’re doing everything you can, have you got social services involved as your ex is showing signs of incapability. See your mp about the arrears and have evidence that you were paying the mortgage. Good luck.

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