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In a no win situation - help needed
#1
Hi i need some advice,

I split with my ex a few years ago and trying to do the right thing i handed over the house but in the separation agreement i do not now contribute to the mortgage, nor do i get any profit once sold. The house was to be sold within 6 years as this would allow both my children to be at high school. This is still a joint mortgage. I also pay for both children each month as agreed.
At this point, and yes i was naive, i thought i could still get a mortgage to have my own place and kids stay as this stated i did not pay for the house, and this was a court agreement obviously. Now i cannot get a 2nd mortgage due the size of the joint 1, i cannot afford to rent due to debt from the divorce and the worst of all cannot ge the kids to stay over. My ex is now threatening to go for more money as i cannot keep them at night as im in a 1 room flat at my mothers. Can this be right? I spend time with my children, i spend a lot of money on top of the agreement money and she will not put the house in her name alone. Ive offered to pay less p/m (not a great deal) so i can rent and take them to stay double the time but yet again she refused. Can this be right? Will the CMS or courts back her?
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#2
(01-23-2017, 12:58 AM)Jr01 Wrote: Hi i need some advice,

I split with my ex a few years ago and trying to do the right thing i handed over the house but in the separation agreement i do not now contribute to the mortgage, nor do i get any profit once sold. The house was to be sold within 6 years as this would allow both my children to be at high school. This is still a joint mortgage. I also pay for both children each month as agreed.
At this point, and yes i was naive, i thought i could still get a mortgage to have my own place and kids stay as this stated i did not pay for the house, and this was a court agreement obviously. Now i cannot get a 2nd mortgage due the size of the joint 1, i cannot afford to rent due to debt from the divorce and the worst of all cannot ge the kids to stay over. My ex is now threatening to go for more money as i cannot keep them at night as im in a 1 room flat at my mothers. Can this be right? I spend time with my children, i spend a lot of money on top of the agreement money and she will not put the house in her name alone. Ive offered to pay less p/m (not a great deal) so i can rent and take them to stay double the time but yet again she refused. Can this be right? Will the CMS or courts back her?



How is your Child Support worked out?

If Consent Order, you will have to apply to vary it.

If CMS, they have the right to recalculate a claim any time the considered facts change. This is

a, your income (done every year as they check with HMRC your P60 or Self Assessment Gross Profit).

Changes either way of 25% are reportable in under 30 days, and take effect from the date you tell them. If they find an unreported increase of 25%, they backdate to 6th April.

If you have Pension Contributions, or Benefits in Kind, your ex can apply to have a higher income considered
If she has relocated, you can have your Excessive Travel for Contact costs considered.
If your paying a mortgage for a house you do not live in but your child does, it can also change things.

b, if you or any new partner have a dependent child (either of you must get Child Benefit) it will change things, as there is a disregard amount to cover that child's needs.

c, If your staying contact changes, its looked at again. Staying contact reduces what you pay, as your supporting the child at that time. The brackets are
0-52, 53-104, 105-156, 157-175 and 175+. This is over a timetabled year, consisting of 39 school term weeks, and 13 school holiday weeks.

http://www.gov.uk/calculate-your-child-maintenance
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks for the reply;
The money was agreed in the separation agreement, however after this was done she wanted more and went to CMS anyway (makes me wonder what the point was in the agreement being done)

So if i offer to take them more snd she refuses will i still be penalised and forced to pay? My ends do not meet, to get myself into a position to be able to live so i just dont see how this can be fair.....
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#4
You will have to pay something for sure. CMS base it on overnight stays mainly but if you agree to pay and pay direct you will not incur any penalty charges for the CMS to collect it.

Please also check if you are currently paying too much.

Are you actually divorced yet? If not you could try and ensure that any final financial agreement includes the removal of your name on the Deeds.

If I were you in order to improve things for yourself I would concentrate on clearing your debt. if any debt you are paying is a joint debt from the relationship CMS should take that into account and give you a reduction on your payments.

Please also complain and seek assistance from your MP. Nothing will change until the lawmakers change things. If you are struggling financially seek assistance from CAB and check if your are entitled to any benefits.
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#5
(01-23-2017, 08:32 AM)Jr01 Wrote: Thanks for the reply;
The money was agreed in the separation agreement, however after this was done she wanted more and went to CMS anyway (makes me wonder what the point was in the agreement being done)

So if i offer to take them more snd she refuses will i still be penalised and forced to pay? My ends do not meet, to get myself into a position to be able to live so i just dont see how this can be fair.....

Was your Separation Agreement part of any Court Order?

If it was, CMS have no Jurisdiction in your case. You need to send them a copy of the court order and tell them this.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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