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Child maintenance reduced if I pay the mortgage?
#1
Hi,

I'm in a situation where my soon-to-be ex-wife has a low paid job. I have three children, ages 7, 10 and 13. I'm at the stage where I'm about to submit form E.

I'm renting a property nearby and paying the mortgage for the former matrimonial home, where my 3 children spend 4 nights. My ex-partner is paying all the bills on that property. They spend 3 nights with me at present.

I'm trying to find a clear consensus to see whether child maintenance can be reduced (or not) since I am paying the full mortgage. I'm finding hints or the occasional thread on forums where that reduction appears to take place- but it doesn't seem clear cut.

I've asked my solicitor the same question and he replied with the following; indicating a plain "no" I think - there's no possible reduction on child 

"In respect of your maintenance obligations you are obliged by law to pay child maintenance in accordance with the statutory formula for the gross income scheme. Please refer to the CMS maintenance calculator at https://www.gov.uk/calculate-your-child-maintenance."

In respect of your mortgage, if this is a joint mortgage you are jointly and severally liable in respect of this. Essentially you have a contract with your lender and if one of you does not pay it then the lender will still require full payment from the other one.

Basically you are liable for both payments – although your ex-partner shares your liability for the mortgage payments if it’s a joint mortgage.


There are no other financial obligations without a court order. However If your ex-partner feels that you are not paying sufficient maintenance before a financial settlement being reached she could apply to the court for additional financial support from you in order to cover necessities."

Would be grateful for any thoughts on this.
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#2
If you have a legal or beneficial interest in the martial Home then there will not be a reduction in CMS.

Basically if she can’t afford the mortgage and you can’t either them the house may have to be sold.

However if the child maintenance covers the mortgage then she gets the equity henceforth and you only get a share of the equity up to when that started.

It is not reasonable to expect a father to pay mortgage. CMS and rent or mortgage on another house. They need to go for one or the other not both.
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