child maintenance
Author
Discussion

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
Hi All, looking for a bit of advice to try and help my brother out.

He has moved out of his family home leaving his 2 kids and x fiancee. He still see's his kids alot and has no problem paying the maintenance but in doing this he is now really struggling.

His kids are 1 & 10 and he pays the following

£250 mortgage (1/2)
£100 For her car loan (1/2)
£400 PM for the kids

He is also now living by himself paying £550 a month in rent + £120 C/T
+ His living costs.

His X has now said she wants £100 per week not per month (i.e £500 in Oct) but he simply cannot afford it.

What is the legal situation in this and how much is the normal % ?? ideally they dont want to go down the CSA Route

Thx for any advice

The Ben

1,623 posts

247 months

Tuesday 30th September 2008
quotequote all
tell her to get a job the lazy cow!!!

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
She has, she is working Part-time

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
16 hours per week - to do with child benefit or something??

Justayellowbadge

37,057 posts

272 months

Tuesday 30th September 2008
quotequote all
CSA calculator on their website. Think it's 20% of salary for 2 kids.

Not married, so that, legally, is his liability.

Good that he wants to do more, though.

Lola22

26 posts

217 months

Tuesday 30th September 2008
quotequote all
Is it not the case that you have to pay 20% of your take home pay for two children - I may be wrong here. Did they not have a contract about how much he pays. She sounds very greedy to me, given what you've listed as him paying already.

Ozone

3,108 posts

217 months

Tuesday 30th September 2008
quotequote all
He could go to the CSA website and work out what they would recommend he should pay.

It sounds like if he doesn't, she'll be going there.

If he gets there first he will be assigned a case and will be able to get things done on his own terms rather than her dictating.

AndrewTait

1,849 posts

224 months

Tuesday 30th September 2008
quotequote all
m3sye said:
Hi All, looking for a bit of advice to try and help my brother out.

He has moved out of his family home leaving his 2 kids and x fiancee. He still see's his kids alot and has no problem paying the maintenance but in doing this he is now really struggling.

His kids are 1 & 10 and he pays the following

£250 mortgage (1/2)
£100 For her car loan (1/2)
£400 PM for the kids

He is also now living by himself paying £550 a month in rent + £120 C/T
+ His living costs.

His X has now said she wants £100 per week not per month (i.e £500 in Oct) but he simply cannot afford it.

What is the legal situation in this and how much is the normal % ?? ideally they dont want to go down the CSA Route

Thx for any advice
First of all, why is he paying her car loan? If she wants a car, let her pay for it. Secondly, I assume the house is in joint names, otherwise he would have been kicking her out, and keeping the house himself, or not paying anything towards it.

The CSA have a maintenance payment calculator, which may give him some idea of how much he would have to pay should it go down that route. https://secureonline.dwp.gov.uk/csa/v2/en/calculat...

I find with my ex, it is best to keep the maintenace payments just over what the CSA would take, as that way it works out better for both parties. i.e. I don't get hounded by the CSA, and she gets more of the money. (They take a cut out of what you would pay them, and pass the remainder onto your ex.)

With me it works out that I'm paying her £400 per month, for an 8 year old and a 4 year old. The CSA would take 350 from me. I've also agreed to go halves on school uniforms as necessary, which can be another 150 per year. Anything over thatis down to her, her mortgage, her car, her living expenses, the girls clothes.

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
they bought it together years ago for about £60000 think the mortgage is still around there as they added to it, house is now valued at around £145000, he is still paying half of that too??
If he didnt pay half of that what would happen with his half of the house etc??

priley

523 posts

218 months

Tuesday 30th September 2008
quotequote all
I think you'll also find that payments can be reduced by 1/7th for each day he has the kids. So assuming he has them two days a week he could reduce his payments by about £140. Currently going through this myself frown

Ozone

3,108 posts

217 months

Tuesday 30th September 2008
quotequote all
He is still entitled to a share of the house (it depends how much as to how they agree on it).

The maintenance payments are to put a roof over the childrens head and feed them, NOT HER, hence child maintenance.

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
if she stay in the house if he wanted to (which I dont think he does) could he make her buy him out if she wanted to stay in ? or because she has the kids does she have to have the house??


The Ben

1,623 posts

247 months

Tuesday 30th September 2008
quotequote all
she sounds like a woman scorned, was he playing the field??? hell hath no fury... etc

Ozone

3,108 posts

217 months

Tuesday 30th September 2008
quotequote all
With kids involved no court will back forcing a sale of the house or for her to buy him out. He will have to wait until the youngest is 18. Unless they come to an agreement about the house.

m3sye

Original Poster:

26,231 posts

231 months

Tuesday 30th September 2008
quotequote all
no not at all, they just had a discussion about there relationship and it came out he was not in love with her and had not been for a while....
she resents him for leaving obviously...

Rob.

17,911 posts

248 months

Tuesday 30th September 2008
quotequote all
I don`t know if this applies to an engaged couple but, if the man leaves the family home then he is obliged )legally) to pay out a lot more than if his partner/wife walks out.

Ordinary Bloke

4,559 posts

228 months

Tuesday 30th September 2008
quotequote all
I really sympathasize with all of you. I got custody of the cat...

Justayellowbadge

37,057 posts

272 months

Tuesday 30th September 2008
quotequote all
Ozone said:
With kids involved no court will back forcing a sale of the house or for her to buy him out. He will have to wait until the youngest is 18. Unless they come to an agreement about the house.
Unmarried though.

Ozone

3,108 posts

217 months

Tuesday 30th September 2008
quotequote all
AFAIK same rules apply.

The Ben

1,623 posts

247 months

Tuesday 30th September 2008
quotequote all
Ordinary Bloke said:
I really sympathasize with all of you. I got custody of the cat...
good darts! You didnt get completely fked then!