Issues from recent split
19 July 2019 at 11:40 am #28038
Hi, I have a question I need some guidance with:
My wife and I split up on 1 June 2019. No papers have been filed on either side for a legal separation or divorce. She moved out of the property we jointly own into rented accommodation with our children aged 13, 21,24. The two adult children work full time. I pay maintenance for the 13 year old. We tried mediation to resolve contact/visitation and finance issues. But this fell through largely because of her unreasonable demands, unwillingness to compromise and threats she was making against me in text and email messages. MY QUESTION: She is asking me to pay the full rent amount for where she is currently staying. Yet, I am stuck paying the mortgage on my own, as well as all other related costs to the house we own jointly. She didn’t contribute to the mortgage or any of the household bills during the course of the marriage. Is there a legal requirement for me to pay rent for my ex-wife’s new accommodation. Anyone in a similar situation?19 July 2019 at 12:39 pm #28049
Sorry to hear about your situation.
I am just coming to the end of mine. I separated with my ex-husband 2 years ago. I went to a solicitor to see what he had to pay for as we had a joint mortgage and bills. I was advised that he had to either pay child maintenance or half the mortgage, not both. Child maintenance for him is £130 per month and the mortgage is £700 per month, so would be £350!! you can guess which one he went for.
so no as long as you are paying maintenance, you don’t need to pay any more, unless you want to.
hope that helps. Happy to answer any other questions.
Lou x19 July 2019 at 1:31 pm #28061
Thanks Lou – this is very helpful. Regards19 July 2019 at 2:17 pm #28063
You need to remind your wife that she is obligated to pay half of the mortgage. Remind her not doing so could lead to repossession.
You are only obligated to contribute towards the child. You could try stating that if she does not pay her half of the mortgage that is due each month that you will take this as this being your child maintenance payment for each period.
Legally she’d be in the stronger position as CM should be paid and you should pursue the lack of mortgage payments via other means such as proving tjat you have paid so you have greater equity etc.
Before you do anything I would seek financial advice re the house and assets as it is likely that with a dependent child in FTE she will get the greater sum of the equity, so I would see where you stand first.
Worst case she will go directly the the CMS for maintenance.
Do you agree on a sum that should be paid if only considering maintenance? Have you looked at the cms calculator?19 July 2019 at 2:39 pm #28073
Thanks Solomummy for your response and particularly the feedback re her paying her share of the mortgage! I’ll make an appointment to see a financial advisor next week. Re the CM, we did not agree on a figure as it has been difficult to talk to her. Rather bizarrely she is asking or maintenance for all the three kids and won’t listen to or consider anything else. I used the child maintenance calculator on .gov.uk, and the CMA website and worked out an average figure, minus regular payments I already make. I think I the payments I am making are fair, but she thinks otherwise, because I haven’t factored in the adult “kids”, and I am not paying her rent. It is just crazy!19 July 2019 at 4:13 pm #28089
Sadly, when living as one unit, you would be supporting your elder children no doubt. Unfortunately, if continuing to run a home with joint mortgage and pay for CM for the youngest, the FT working children are less of a priority.
If however, you believe that they are in financial difficulty I would give them support directly.19 July 2019 at 4:14 pm #28090
And I would reiterate to the elder two that they are always back at “home”. Where you would be subsisding them.