Big problems with ex not paying mortgage or child maintenance - any advice?

[zebraprint]

So - finding myself in a nasty situation at the moment. Basically, trouble with the ex.....

We bought a house together in Jan 07, and he left me 9 weeks later. We couldn't sell the house under the terms of the mortgage so we've been renting it out. The rent didn't cover the mortgage though, so he was paying the shortfall between the two amounts (not certain of these). For the first year or so he was able to do this, and also to give me some maintenance money for our daughter. For the last 4 years or so, he's said he hasn't been able to afford to give me any money for her. However, as he was paying this difference - and the whole mortgage when we didn't have tenants - we came to an uneasy agreement about this. Honestly, I have left things to him somewhat regarding the house, so I am not very knowledgable about the facts and figures. Head in the sand - I know.....

His girlfriend had a baby last year (same woman he left me for) so she's been on maternity leave. When I asked her at Christmas when she planned to go back to work, she told me she hoped not for a while as they were coping fine as they were (galling to hear, as you can imagine).

So, came as a total shock to find out a couple of weeks ago that he has NOT been paying the mortgage, and that the house has just been repossessed. He has been vile about the whole matter, says it's all my fault etc. When I asked why he didn't even give me any money for our daughter while he wasn't paying the mortgage, he said that his girlfriend and baby needed it.

SO. I now have 2 distinct problems.
1 - The house is in negative equity, and there will be a large debt to repay, including 10k of mortgage arrears. The mortgage means we are jointly liable for the debt, but if he just decided not to pay (not an impossibility given his form), it seems I would be wholly liable. Is there a way in which we can legally separate the debt so that I am liable for part, but not all of the debt?

2 - Can I get backpaid for maintenance? He has been supporting one child but not the other. Fortunately, we are not divorced, though I have all the signed papers, which I think means I can now get a court order for child maintenance - but can I find out how much he earns, as I'm not sure I believe what he's telling me. He is saying he will give me the minimum 15% of his net income, which is a start, but I want to get proof of what he earns.

Anything anyone can help with here would be hugely appreciated.
Thanks in advance

[STIDW]

Were you married? You are both liable for the whole amount of debt. If your he doesn't pay the lender will pursue you for it all. If you were married that might be offset against other assets but that depends upon the overall circumstances.


The CSA is responsible for child support and the court cannot normally impose an order. It is possible to include child maintenance in an agreement settling the overall finances on divorce. There is no back payments of child support, the CSA will only assess payments from the time they contact the non resident parent. The sooner you apply the sooner you will receive payments.

[zebraprint]

Thanks for replying, STIDW.
Yes we are still married, though separated for 5 years... Is there really no way to protect myself against the possibility of him not paying in the future? There are no assets unfortunately - the house is in negative equity.

I thought that I could get a court order for child maintenance when the divorce papers are filed? He has agreed to pay this, but I would prefer to have this enforcable by law, given his history with this.

[olgaga]

I can't imagine why you don't seem to have seen a solicitor in all these years, but would strongly advise you to get one now. You'll need it - there's going to be a hell of a lot to sort out.

[Collaborate]

Go to the CSA for child maintenance. Today. Right now. You can't backdate it.

If there are literally no other assets, you won't get a capital settlement in the divorce. Was he paying all the rental income towards the mortgage?

Spouse maintenance depends on all the circumstances, but after waiting for 5 years I'm not sure you'll have a stron claim.

[zebraprint]

Haven't seen a solicitor because it seemed things were amicable and there was little to sort. The house couldn't be sold, and no assets to split.

No chance of spouse maintenance, I earn a fair bit more than him. Wouldn't want it anyway, all I'm interested in is payment for my daughter.

As for the rental income, thinking about it, it doesn't seem he was paying it all towards the mortgage, because of the amount of arrears he's ended up with.

He has agreed a sum to pay for maintenance, but I want to get this enforced legally. Is there no other way to do this other than the CSA? I thought I could get a court order, perhaps through the divorce?

I'm so muddled about all this, really appreciate any advice - thanks so much.

[Collaborate]

Don't waste your time on a court order. Might only last 12 months. why on earth would you bother? There's nothing to discuss, the formula is so simple. CSA all the time.

[olgaga]

there will be a large debt to repay, including 10k of mortgage arrears. The mortgage means we are jointly liable for the debt

How are you going to handle the debt situation?

Also, as I understand it, a mortgage is the only debt taken into account when calculating child maintenance. That, plus the fact that he now has another child, will affect the amount of maintenance you can expect.

Put in a CSA claim by all means, but I'd be more worried about the debt.

[prh47bridge]

In most cases the courts cannot make an order for child maintenance unless it is part of a consent order, which means you agree the financial settlement between you. It would then be up to you to apply to the courts to enforce the order if there were any problems. After 12 months either you or your ex could apply to the CSA and their calculation would replace the order.

So I agree with Collaborate. For child maintenance your best route, if you are concerned he won't pay, is to use the CSA. Get your claim in now.

However, as olgaga says, the debt is a big issue. You need to get divorced and sort out the finances as soon as possible. See a solicitor.

[optimal]

Schedule 1 of the Children's Act 1989:
In addition to your Child Maintenance Order, phone your local Family Court/County Court to enquire about back-claiming lump sums spent on your child(ren) under Schedule 1 of the Children's Act 1989.
If his "lifestyle" doesn't match his income declaration, enquire about applying to assess his contribution based on the lifestyle he displays. Also, you can ask the court to help you fill in the forms. Good luck!

[Collaborate]

You won't be able to use a lump sum claim to try and get back maintenance you think he should have paid, although if you can present a list of capital expenditure relating to the DC, and identify his savings, you might stand a chance. Can be expensive though, and you'd need to justify it by claiming lots.

[zebraprint]

Thanks very much all - this is helpful.

With the debt, I want to find out if there is a way to protect myself if he should decide to stop paying, which seems a real possibility. Seems we are jointly liable, but does anyone know if there is any way to legally divide the debt so that we all agree I'm responsible for one amount, and him another? I'm sure he will agree to this part of things (he has indicated as much), it's just I don't know if I can do it in a way that is legally binding.

As for the child maintenance, he has suggested he give me £50 per week, which isn't great but is acceptable for now given the circumstances. I'm talking about court orders because I thought that would be a simpler way to formalise this arrangement, but as you can probably all tell, I know next to nothing about it. Collaborate - I didn't realise they only last for a year? Would it not be till the child leaves full time education?
prh47bridge - yes, we have agreed an arrangement, and I feel I need to have it enforced by the court - felt that was the best way. Do you really think CSA better ?

I'm slightly reluctant to go down the CSA route because of all the horror stories there seem to be about it, but I absolutely will if that's the best way to play it.

[prh47bridge]

The point Collaborate was making is that one year after the consent order it is open to either party to go to the CSA. If either of you do the court order will cease to have any effect.

Even if you have a court order it is up to you to get the courts to enforce it. They don't collect the money on your behalf or chase up debts automatically. You have to deal with that. Far simpler to use the CSA who will deal with collection and enforcement for you.

You must see a solicitor and get divorced. Sorting out the finances will be part of that.