Reality Check please

[Matt74]

Hi
 
I’m just looking for a reasonability check.
 
Some quick background.
 
My wife had an affair so we are in the process of getting divorced. We have 2 children ages 2 and 4. We were married for 4 years.
 
I am staying in the family house while she has now moved back into our old house – which we still own. It had been a rental for 2 years but I had to evict the tenant so my wife could move in.
 
My wife doesn’t work.
 
I now need to pay the mortgages on both properties +  spousal maintenance + child maintenance. Overall I need to pay her £3,400 a month to cover everything including the mortgage on that property - which I 'm giving to her. 
Both properties are in joint names. She paid nothing towards the purchase of either house. 

I have the kids 3.5-4 nights a week. 

Does all of this sound pretty standard? 

Thanks

[MarkR]

(08-28-2018, 03:26 PM)Matt74 Wrote: Hi
 
I’m just looking for a reasonability check.
 
Some quick background.
 
My wife had an affair so we are in the process of getting divorced. We have 2 children ages 2 and 4. We were married for 4 years.
 
I am staying in the family house while she has now moved back into our old house – which we still own. It had been a rental for 2 years but I had to evict the tenant so my wife could move in.
 
My wife doesn’t work.
 
I now need to pay the mortgages on both properties +  spousal maintenance + child maintenance. Overall I need to pay her £3,400 a month to cover everything including the mortgage on that property - which I 'm giving to her. 
Both properties are in joint names. She paid nothing towards the purchase of either house. 

I have the kids 3.5-4 nights a week. 

Does all of this sound pretty standard? 

Thanks

The Mortgage is down to whoevers name is on the contract. Relationship status dues not have any legal bearing on it.

Spousal Maintenance, your under no obligation to pay it, unless ordered by a Court. They will consider your ability to pay, and take into account if your having to pay both mortgages.

Child support, I would not pay and make her put CMS in. Give them the facts regarding how much your paying on Mortgages.

Under the law, you would get half Quality Time, what is every other weekend and up to half school holidays.
If your having mid week contact, if she tries to reduce it, she needs to show reason why, as its been proved to be workable.

[mistergiff]

This all seems like my situation.

My wife and I separated over 3 years ago now. We have two daughters aged 10 and 8. I was forced to leave the marital home and have moved 3 times since moving out, each time into private rentals.

I continued to pay the mortgage, a child maintenance agreement between the two of us and other bills up until earlier this year when I had a BIG reality check, and also filed for divorce. Up until I filed and stopped paying everything, we were very amicable and the kids were in a perfect working shared care arrangement where they lived with me for one week and her the next. Since then, my eldest has stopped coming to me apart from the weekends when on the week I should have her the whole week.

She is trying to say (through her solicitor) that I have now put her in financial difficulties since I don't pay for things any more, but she still managed to purchase a 2 year old car 4/5 months ago.

I should really be trying to find a way of claiming back for the child maintenance I should have received while I still had our girls for half the year. During this time I have taken them on holiday once or twice each year, paid for their school uniforms and a lot more.

We agreed to sell the marital home which now has an offer on it which is good.

She is pi$$ed off she has no control over me any more and she is very jealous I have moved on to a very happy relationship.

[BennyB]

(08-28-2018, 08:24 PM)MarkR Wrote:

(08-28-2018, 03:26 PM)Matt74 Wrote: Hi
 
I’m just looking for a reasonability check.
 
Some quick background.
 
My wife had an affair so we are in the process of getting divorced. We have 2 children ages 2 and 4. We were married for 4 years.
 
I am staying in the family house while she has now moved back into our old house – which we still own. It had been a rental for 2 years but I had to evict the tenant so my wife could move in.
 
My wife doesn’t work.
 
I now need to pay the mortgages on both properties +  spousal maintenance + child maintenance. Overall I need to pay her £3,400 a month to cover everything including the mortgage on that property - which I 'm giving to her. 
Both properties are in joint names. She paid nothing towards the purchase of either house. 

I have the kids 3.5-4 nights a week. 

Does all of this sound pretty standard? 

Thanks

The Mortgage is down to whoevers name is on the contract. Relationship status dues not have any legal bearing on it.

Spousal Maintenance, your under no obligation to pay it, unless ordered by a Court. They will consider your ability to pay, and take into account if your having to pay both mortgages.

Child support, I would not pay and make her put CMS in. Give them the facts regarding how much your paying on Mortgages.

Under the law, you would get half Quality Time, what is every other weekend and up to half school holidays.
If your having mid week contact, if she tries to reduce it, she needs to show reason why, as its been proved to be workable.

Be aware that if your name is on the mortgages then the CMS will not factor in what you pay towards them as they say you have a vested/financial interest in them. Only mortgage/housing costs you pay for a property they stay in that is not in your name would be factored in to CMS calculations.

[mistergiff]

Has anyone ever heard of someone claiming back for maintenance payments that he should not have been paying? Like I said before, I have shared care for both my kids so should not have been paying maintenance.

[mistergiff]

I have recently been advised that I could be due half of the mortgage payments I made since I move out in March 2015. I continued to pay the full mortgage until May of this year, I have been speaking with my solicitor about claiming back half of the payments, has anyone come across this? Thanks