Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Any help/advice will be very helpful
#1
Hi

I have so many questions and so few answers that I thought I would give this a try to see what help is out there. Many thanks in advance if you can help.

My situation

Separated for 17 months with 2 children aged 8 and 10.
Waiting for the 2 years to be up so I can divorce rather than force it through.
I have the kids on a 50/50 basis but when I worked it out for the last 12 months I actually had them more.
Ex is still in family home- 3 bed house - we have about £180K equity, My parents gave me £50K to help buy
I'm renting but a 2 bed flat so kids have to share and with help from parents to pay.
Wife earn £11K a year. I earn around £45K
I'm not paying child support and feel I don't have to as 50/50 but I am paying half the mortgage, half life insurance, and half for everything else the kids needs i.e clothes, club, school trips etc.

My Questions

Should I be paying child maintenance as ex thinks I should but I don't as can prove I have 50/50

I don't get the child benefit but know this could go against me. Can I claim for 1 child and the ex for the other as 50/50?

I want to sell the house buy ex doesn't want to. I need the equity and name off mortgage to move on and potentially buy someone else. But ex only earn £11K so she would struggle ( but would have £90K etc to contribute to rent if required) . What would court rule ?.

Our mortgage is £700 a month but to rent a 3 bed would cost £1500 a month.  Even though I earn more, is it right I have to pay £800 a month extra than Ex ( and that's if she takes over the mortgage payments in full) maybe for the next 8 years until kids leave school.

I would be happy to split equity in her favour so say £100K for her and £80K for me if she would sell but she says she cant/wont

My parents gave me £50K to help buy the house. Once we do agree to sell, ( even if this is when kids are 16), I want this to be paid back before equity is split. Ex say no way as it was a gift and not in writing. Do I have any rights to get this back?

If ( and not what I want), I agree for the ex to stay in the house, can I make her pay all the mortgage and maintenance of the house and in return, I will keep my name on the mortgage. She would benefit from having the cheaper monthly rent, and I would have to rent for 8 years but know there is some money to come at the end of it once house is sold.

If I do agree to the above, I would only agree if she never moved anyone else in. Why should her new partner benefit from having cheap rent from a small mortgage. Do I have any rights to do this ?

Sorry the all the info. But if anyone has any help on either 1 point, it would massively help.
Reply
#2
She will be entitled to both children's and working tax credits on her salary.
I would suggest asking her if she will take on the mortgage if it is switched to interest only and then you pay child support using the CMS calculator.
That might be cheaper for you and stop her putting a claim in.
You need to speak to a solicitor about the parental gift to see if it was regarded as family money.
Reply




Users browsing this thread: 1 Guest(s)