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Help please gents!
#1
Hello, good morning chaps.

Could anyone please help with a few queries I have.

Current situation.

I moved out of the family home 3 yrs ago, I’m back at my parents. My ex put a £35k deposit down on the family house (sale of her old house) to my nothing so this is why I moved out. Mortgage in joint names. House worth 150k, 100k owing. She put 35k in.
I have a buy to let property that I own with a friend had it for 14 yrs.

Was in family home 10 yrs, jointly paying mortgage, was together 12yrs, married last 5yrs not divorced yet.

I still see lots of my kids 1 night per week over night and a couple of after school pick ups and for tea (all back at my parents/nans house).

Currently paying maintenance. 

So Ive got some coin behind me now to either buy or rent, either way Im not going to be able to pay £600pcm rent +  bills and the maintenance on top.

So Im hoping when I get my own place I can take on another night or two and cut the maintenance payments right down!

Now- what if she says no to this pitch? And won’t budge as she’s use to the money. What route would I need to go down? Or do I get no say?

Thanks in advance.
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#2
When I split with my ex I had £90k equity. I put £30k down to buy leaving £60k equity. They instructed I should pay the ex half the £60k.
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#3
Hi Jono,

Thanks for your info,

My ex can't buy me out just yet or take my name off as she's not got a permanent contract even though she's a teacher but only in her 2nd term.
I just wanted to know about the latter really i.e. reducing the maintenance payments if I get my own place, and if she refuses for me to have them more nights.
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#4
(01-24-2018, 11:18 AM)2hanger Wrote: Hello, good morning chaps.

Could anyone please help with a few queries I have.

Current situation.

I moved out of the family home 3 yrs ago, I’m back at my parents. My ex put a £35k deposit down on the family house (sale of her old house) to my nothing so this is why I moved out. Mortgage in joint names. House worth 150k, 100k owing. She put 35k in.
I have a buy to let property that I own with a friend had it for 14 yrs.

Was in family home 10 yrs, jointly paying mortgage, was together 12yrs, married last 5yrs not divorced yet.

I still see lots of my kids 1 night per week over night and a couple of after school pick ups and for tea (all back at my parents/nans house).

Currently paying maintenance. 

So Ive got some coin behind me now to either buy or rent, either way Im not going to be able to pay £600pcm rent +  bills and the maintenance on top.

So Im hoping when I get my own place I can take on another night or two and cut the maintenance payments right down!

Now- what if she says no to this pitch? And won’t budge as she’s use to the money. What route would I need to go down? Or do I get no say?

Thanks in advance.

Get Child Support on a CMS Case, and consideration will be given to the fact you are paying a mortagete for a place you do not live in, but your child does.
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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#5
From what I understand maintenance is paid dependent on how much time the child does NOT spend with you. Obviously if the child was with you full time, you wouldn't pay any. In fact I believe she could be liable to pay it.
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#6
Hi Guys,

Just to add Im NOT paying the mortgage anymore on the family home where my kids and ex are - ONLY paying maintenance. My ex has a full time job so she pays the mortgage now plus she gets the tax credits for my two kids.

Just after a heads up if I was to get my own place now - I couldn't afford paying my rent + bills + maintenance. So I want more over nights and reduce the maintenance. BUT what if she refuses?
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#7
(01-24-2018, 12:11 PM)2hanger Wrote: Hi Guys,

Just to add Im NOT paying the mortgage anymore on the family home where my kids and ex are - ONLY paying maintenance. My ex has a full time job so she pays the mortgage now plus she gets the tax credits for my two kids.

Just after a heads up if I was to get my own place now -  I couldn't afford paying my rent + bills + maintenance. So I want more over nights and reduce the maintenance. BUT what if she refuses?

Check how much your are paying, and see how it looks compaird to the CMS result, at https://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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#8
If she refuses you go to court and ask for what you want. Chances are you will get at minimum every either weekend and 1 night on alternate weeks, half school holidays etc but you can ask for whatever you wish. What you get is up to the judge.

You do have to go to mediation before court though.
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#9
(01-24-2018, 10:21 PM)Hazy Wrote: If she refuses you go to court and ask for what you want. Chances are you will get at minimum every either weekend and 1 night on alternate weeks, half school holidays etc but you can ask for whatever you wish. What you get is up to the judge.

You do have to go to mediation before court though.

Just to pick up on this, in most cases yes. However, in this situaiton, if he finds he is overpaying and she decides to stop contact just because of money, he can bring it straight to court, as long as he can evidance that reason. It comes under "Conduct, Other" on the forms.
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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#10
Thank you for your reply's guys!
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